Allowed

Govind Kumar Sah v. the State of Bihar

Patna HC18 May 2022CR. MISC./29867/2021

Case brief

AI extract

What is this about?

In an appeal for anticipatory bail, the Patna High Court granted bail to nine petitioners accused of assaulting prosecution members after a election victory. The court relied on their lack of criminal antecedents and directed release on furnishing bonds if arrested.

What did the court decide?

Granted bail in the event of arrest or surrender, to be released within four weeks on furnishing bonds of Rs. 10,000 each with two sureties under Section 438(2) Cr.P.C.

Govind Kumar Sah Vs the State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29867 of 2021

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Arising Out of PS. Case No.-263 Year-2020 Thana- SISWAN District- Siwan

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======================================================

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GOVIND KUMAR SAH S/O Raghunath Sah R/o Village - Madhawapur P.S. Siswan (Chainpur O.P.), District - Siwan.

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Sanjay Sah S/O Raghunath Sah R/o Village - Madhawapur P.S. Siswan (Chainpur O.P.), District - Siwan.

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Ashutosh Kumar Gupta @ AShutosh Kumar S/O Govind Sah R/o Village - Madhawapur P.S. Siswan (Chainpur O.P.), District - Siwan.

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Manish Kumar S/O Govind Sah R/o Village - Madhawapur P.S. Siswan (Chainpur O.P.), District - Siwan.

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Ashok Mahto S/O Thakur Mahto R/o Village - Madhawapur P.S. Siswan (Chainpur O.P.), District - Siwan.

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Abhishek Prasad S/O Rakesh Prasad R/o Village - Madhawapur P.S. Siswan (Chainpur O.P.), District - Siwan.

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Rahul Kumar Sah S/o Kanhaiya Sah R/o Village - Madhawapur P.S. Siswan (Chainpur O.P.), District - Siwan.

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kamlesh Kumar S/o Dinesh Mahato R/o Village - Madhawapur P.S. Siswan (Chainpur O.P.), District - Siwan.

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Roopam Kumar @ Raoopam Kumar Guvtp S/O Sanjay Sah R/o Village - Madhawapur P.S. Siswan (Chainpur O.P.), District - Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Udit Narain Singh, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 18-05-2022

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For the reason of this case not having been taken up

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even once for a year, a priority hearing has been given in this matter.

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Heard Mr. Udit Narain Singh, learned Advocate for

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the petitioner and the learned APP for the State.

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Patna High Court CR. MISC. No.29867 of 2021(2) dt.18-05-2022 2/3

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The petitioners seek bail in anticipation of their arrest in connection with Siswan (Chainpur O.P.) P.S. Case No. 263 of 2020 dated 12.11.2020 instituted for the offences under Sections 341, 323, 307, 325, 379, 447, 504, 506 and 34 of the Indian Penal Code.

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The nine petitioners and others are alleged to have assaulted the members of the prosecution party while celebrating victory at the hustings.

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There is a counter version of the occurrence also.

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Mr. Singh has pointed out that two persons from the prosecution side have been injured but the nature of their injuries have not been ascertained as yet for want of further medical investigation. In the counter case, one of the persons from the side of the petitioners has been injured with grievous injury on his person. The accused of the counter case has been granted anticipatory bail by a co-ordinate Bench of this Court.

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Mr. Singh, therefore, submits that in view of the general and omnibus allegations against the petitioners, they also be given the same privilege.

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Regard being had to the afore-noted submissions and taking into account the fact that the petitioners do not have criminal antecedents, they are directed to be released on bail, in

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Patna High Court CR. MISC. No.29867 of 2021(2) dt.18-05-2022 3/3

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the event of their 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, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Siwan in connection with Siswan (Chainpur O.P.) P.S. Case No. 263 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Ashutosh Kumar, J)

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krishna/-

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U T

Govind Kumar Sah v. the State of Bihar

Case brief

What is this about?

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Govind Kumar Sah v. the State of Bihar

Case brief

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