Niraj Kumar @ Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3291 of 2023 Arising Out of PS. Case No.-292 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

NIRAJ KUMAR @ NEERAJ KUMAR Son of Lalji Singh @ Laljee Singh R/V- Mungaul, P.s- Jagdishpur, Dist- Bhojpur 2.

Harendra Kumar @ Harendra Singh Son of Loknath Singh R/V- Mungaul, P.s- Jagdishpur, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar, Adv.

Mr. Sudhakar Ranjan, Adv.

Mr. Shivam Kumar, Adv.

For the Opposite Party/s :

Mr.Renu Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 341, 342, 353 of the Indian Penal Code.

Allegedly, petitioner along with other co-accused persons blocked the road by setting fire in protest of Agni Path Scheme. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners are students and they have no concern with the alleged occurrence. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. They have been

Patna High Court CR. MISC. No.3291 of 2023(2) dt.04-05-2023 2/2 made accused in the present case merely on suspicion. Similarly situated co-accused, namely, Sonu Kumar has been enlarged on bail by a co-ordinate bench of this court vide order dated 20.12.2022 passed in Cr. Misc. No. 55874 of 2022. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail and submitted that petitioners are the members of the mob. Having regard to the facts and circumstances of the case, as there is no specific allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Jagdishpur P.S. Case No. 292 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T