Awadhesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90339 of 2024 Arising Out of PS. Case No.-992 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Awadhesh Sah Son of Narain Sah Resident of Vill- Chhitauli, P.S.- Manjhagarh, District- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Gopalganj Town P.S. Case No.992 of 2022 instituted under Sections 147, 148, 149, 341, 448, 323, 379, 327, 504, 506 and 354 of the I.P.C.

3. As per prosecution case, the named accused persons along with 35 to 40 persons carrying arms in their hand entered the house of informant by breaking lock and on gunpoint looted jewellery and cash from the house of the informant and they also misbehaved and assaulted the informant and outraged his daughters-in-law.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.90339 of 2024(2) dt.10-01-2025 2/2 petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation and there is no specific overt act against the petitioner except that he is a member of the mob. It is further submitted that due to land dispute, this case been instituted by the informant. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Gopalganj Town P.S. Case No.992 of 2022, subject to the conditions as laid down under Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T