Gopal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83459 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- MEHSI District- East Champaran ====================================================== 1.

GOPAL SAHANI SON OF TRIPURARI SAHANI RESIDENT OF VILLAGE - UJHILPUR, P.S. - MEHSI, DISTRICT - EAST CHAMPARAN AT MOTIHARI 2.

SITA RAM SAHANI SON OF RAMJANAM SAHANI RESIDENT OF VILLAGE - UJHILPUR, P.S. - MEHSI, DISTRICT - EAST CHAMPARAN AT MOTIHARI 3.

VINAY KUMAR NISHAD SON OF VAJAY SAHANI RESIDENT OF VILLAGE - UJHILPUR, P.S. - MEHSI, DISTRICT - EAST CHAMPARAN AT MOTIHARI 4.

SANTOSH SAHANI SON OF RAMADHAR SAHANI RESIDENT OF VILLAGE - UJHILPUR, P.S. - MEHSI, DISTRICT - EAST CHAMPARAN AT MOTIHARI 5.

DIPU CHAUDHARY SON OF BASU CHAUDHARY RESIDENT OF VILLAGE - PURANI MEHSI BAZAR, P.S. - MEHSI, DISTRICT - EAST CHAMPARAN AT MOTIHARI 6.

SURAJ KUMAR SON OF LATE BANARAS RAY RESIDENT OF VILLAGE - BARHARWA, P.S. - MEHSI, DISTRICT - EAST CHAMPARAN AT MOTIHARI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Om Prakash Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. Learned counsel for the petitioner has submitted that during the pendency of this petition, the petitioner no. 2 has been arrested and, as such, the anticipatory bail petition with

Patna High Court CR. MISC. No.83459 of 2023(2) dt.18-01-2024 2/3 regard to petitioner no. 2 has become infructuous. He, therefore, seeks permission to withdraw this anticipatory bail petition with regard to petitioner no. 2.

3. In view of the aforesaid submission, the anticipatory bail petition of petitioner no. 2 is dismissed as withdrawn as having become infructuous.

4. The rest petitioners apprehend their arrest in connection with Mehsi P.S. Case No. 275 of 2023, registered for the offences punishable under Sections 147, 148, 149, 188, 341, 153(A), 295(A), 323, 307, 332, 353, 427, 504 and 506.

5. As per allegation, when the informant along with other police personnel was deputed at Khurkhur Chowk for maintaining law and order at the occasion of a religious procession, some unknown miscreants started throwing bricks and stone chips on the members of the procession. The informant tried to pacify them, but they also assaulted him and other police personnel, as a result, they suffered injuries.

6. Learned counsel for the petitioner has submitted that there is case and counter case and none of the members of prosecution side suffered any kind of injury.

7. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or

Patna High Court CR. MISC. No.83459 of 2023(2) dt.18-01-2024 3/3 surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Mehsi P.S. Case No. 275 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) SONALI/- U T