Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57329 of 2025 Arising Out of PS. Case No.-1158 Year-2015 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Dinesh Sahni S/o Late Garibnath Sahni R/o Vill- Shekhpur, P.S.- Ahiyapur, Distt- Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Shekhar Anand, Adv. For the Opposite Party/s : Mr. Upendra Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 27-08-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 1158 of 2015, registered for the offences punishable under Sections 143, 144, 145, 341, 323, 186, 332, 333, 353, 379, 487 and 504 of the Indian Penal Code.
3. The allegation against the petitioner along with others is of causing obstruction in discharging the duty of the police officials. It is alleged that on account of protest of murder of Ankit Kumar @ Chunnu Jha, the N.H.-77 was blocked by 70- 100 local peoples, who were assembled with lathi, danda and stones. When the police tried to pacify them, they pelted stones over the police personnels and damaged their vehicles.
4. Learned Advocate for the petitioner contended that
Patna High Court CR. MISC. No.57329 of 2025(2) dt.27-08-2025 2/3 in fact only on account of he being the local resident, his name has been implicated in this case. Though, on the alleged date of occurrence, the petitioner was not even present and he had been residing at some different place, for the purposes of earning livelihood. The identically situated persons, whose names have also been implicated in the crime, they have been allowed bail by a Bench of this Court in Cr. Misc. No. 23669 of 2018 and further in Cr. Misc. No. 31439 of 2018, the copies of which is placed on record. The other co-accused persons who have also approached to the Court of learned Sessions Judge, some of them have been accorded the privilege of anticipatory bail vide
order dated 06.06.2025 passed in ABP No. 1319 of 2025, the copy of which is also placed on record. Learned Advocate lastly contended that, be that as it may, the petitioner is a man of fair antecedent and since he was not knowing with regard to implication of his name in the present case, therefore, delay has occurred.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application.
6. Having considered the submissions set-forth by learned Advocate for the respective parties and taking note of the fact that the case of the petitioner stands on parity, apart
Patna High Court CR. MISC. No.57329 of 2025(2) dt.27-08-2025 3/3 from the omnibus nature of allegation and the fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1158 of 2015, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
shivank/- (Harish Kumar, J) U T