Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4755 of 2023 Arising Out of PS. Case No.-244 Year-2022 Thana- BARUN District- Aurangabad ====================================================== 1.

GUDDU SINGH Son of Babunand Singh R/v- Bagaahi, P.S.- Barun, District- Aurangabad 2.

AKSHAY SINGH Son of Dhanraj Singh R/v- Bagaahi, P.S.- Barun, DistrictAurangabad 3.

RAHUL KUMAR Son of Harihar Singh R/v- Bagaahi, P.S.- Barun, DistrictAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Mukul Kumari For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2023 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Barun Police Station Case No. 258 of 2022, dated 14.06.2022, disclosing offences under Sections 147/148/149/ 341/323/307/353/337/338/427/379/411 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the police intercepted one tractor, laden with sand, being driven by its owner, Bali Singh, who succeeded in

Patna High Court CR. MISC. No.4755 of 2023(2) dt.16-05-2023 2/3 fleeing away. In the mean while, 15 named accused persons and 60-70 unknown persons arrived there and pressurized the police party to release the tractor and started pelting stones on them, due to which the police personnel received injuries. Learned Counsel for the petitioners submits that the petitioners have been implicated in this case by the police with oblique motive. He next submits that the petitioners have got no criminal antecedent and the allegation against them is general and omnibus in nature.

Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the allegation against the petitioners is general and omnibus in nature and they have got no criminal antecedent, I am inclined to grant the petitioners privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Barun Police Station Case No. 244 of 2022, subject to the condition laid

Patna High Court CR. MISC. No.4755 of 2023(2) dt.16-05-2023 3/3 down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √