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Patna High Court – Orders
Ashok Gupta @ Ashok Kumar Sahu vs The State Of Bihar on 11 July, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27794 of 2025
Arising Out of PS. Case No.-275 Year-2023 Thana- SASARAM NAGAR District- Rohtas
======================================================
Ashok Gupta @ Ashok Kumar Sahu S/o- Late Dashrath Prasad Sahu, R/o -
Mubarakganj, P.S - Sasaram (T), District - Rohtas.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
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
ORAL ORDER
2 11-07-2025
Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
2. 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.
3. 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
Patna High Court CR. MISC. No.27794 of 2025(2) dt.11-07-2025
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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.
4. 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.
5. Learned APP for the State has vehemently
opposed the prayer for anticipatory bail petition of the
Patna High Court CR. MISC. No.27794 of 2025(2) dt.11-07-2025
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petitioner.
6. 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.
7. This application stands allowed.
(Chandra Prakash Singh, J)
Shahnawaz/-
U T
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