Sharwan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.420 of 2025 Arising Out of PS. Case No.-245 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== 1.

Sharwan Sah son of Dinesh Sah Village- Wajitpur P.S- Manigachhi District -Darbhanga 2.

Vishal Sah son of Dinesh Sah Village- Wajitpur P.S- Manigachhi District -Darbhanga 3.

Amarjit Sah @ Amarjit Kumar son of Bechan Sah Village- Wajitpur P.SManigachhi District -Darbhanga 4.

Santosh Sah son of Mahavir Sah Village- Wajitpur P.S- Manigachhi District -Darbhanga 5.

Ashok Sah son of Lakhan Sah Village- Wajitpur P.S- Manigachhi District -Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manju Sharma, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Manigachhi P.S. Case No. 245 of 2023 lodged on 15.11.2023 under Sections 147, 148, 149, 323, 333, 307, 353, 427, 447 and 504 of the Indian Penal Code.

3. As per the prosecution's case, the present F.I.R. has been lodged against 10 named and 30-40 unknown accused persons. The allegation is that the police seized a motorcycle

Patna High Court CR. MISC. No.420 of 2025(2) dt.22-01-2025 2/3 during patrolling after the rider failed to produce the necessary documents. Subsequently, a group of 40-50 males and females, armed with lathis and dandas, arrived at the O.P. and began assaulting the police personnel present. They also attempted to forcefully take away the seized vehicle. Despite the police's efforts to pacify the situation, the accused continued to abuse and assault the police personnel and damaged the police vehicle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offense. He further submits that petitioner Nos. 1 and 2 are in judicial custody since 17.09.2024, petitioner No. 3 since 19.09.2024, and petitioner Nos. 4 and 5 since 23.09.2024. Petitioner Nos. 1 and 2 are accused in one another case, but petitioner No. 1 has been acquitted in that case, while the case against petitioner No. 2 is pending before the Juvenile Justice Board. Petitioner Nos. 3, 4, and 5 have clean antecedents. Learned counsel further submits that upon conclusion of the investigation, the police submitted chargesheet, removing Section 307 of the Indian Penal Code, and that the injuries sustained are simple in nature

5. Learned counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case

Patna High Court CR. MISC. No.420 of 2025(2) dt.22-01-2025 3/3 and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III, Darbhanga in connection with Manigachhi P.S. Case No. 245 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T