Ashok Gupta @ Ashok Kumar Sahu Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 11-07-2025

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Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner is apprehending his arrest in a case in connection with Sasaram (Town) P.S. Case No. 275 of 2023 dated 31.03.2023, registered for the offences punishable under Sections 147, 148, 149, 188, 153A, 341, 342, 323, 337, 338, 353, 307, 427, 435, 436, 504, 505 and 506 of the Indian Penal Code and under Section 27 of Arms Act. Later on, Section 302 of the Indian Penal Code was also added.

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As per the prosecution case, on 31.03.2023, the informant received information that people of two communities armed with lathi and bricks are pelting stones and raising slogans against each other and when he reached the said place

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Patna High Court CR. MISC. No.27794 of 2025(2) dt.11-07-2025 2/3

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along with police personnel, he found that around 200 - 250 persons of two communities are pelting stones and bricks on each other and damaging nearby properties. It is further submitted that the police used light force to control both the people of two communities and tried to separate them. It is further submitted that at 03:00 PM information was received that same situation is developing in the Mohalla Shahjalal Peer and informant along with police personnel rushed there and situation was handled with the help of Fire Control Department.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case merely on the basis of suspicion. It is submitted that petitioner is not named in the FIR and name of the petitioner transpired in the present case on the basis of confessional statement of the co-accused namely, Yasmin Khatoon. It is submitted that there is no specific allegation of any assault or overt act against the petitioner. There is general and omnibus allegation against the petitioner. The petitioner was only member of the mob. The petitioner has clean antecedent as mentioned in paragraph no. 3 of the bail application.

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Learned APP for the State has vehemently opposed the prayer for anticipatory bail petition of the

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Patna High Court CR. MISC. No.27794 of 2025(2) dt.11-07-2025 3/3

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petitioner.

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Considering the aforesaid facts and circumstances as well as the nature of allegation against the petitioner, let the petitioner named-above, in the event of his arrest / surrender before the learned trial Court within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judical Magistrate, Rohtas at Sasaram, in connection with Sasaram (Town) P.S. Case No. 275 of 2023 , subject to conditions as laid down under Section 482(2) of the BNSS.

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This application stands allowed.

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(Chandra Prakash Singh, J)

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Shahnawaz/-

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U T

Ashok Gupta @ Ashok Kumar Sahu v. The State of Bihar

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Ashok Gupta @ Ashok Kumar Sahu v. The State of Bihar

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