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Patna High CourtCR. MISC./3520/2022allowed

Pachchu Das v. The State Of Bihar

2022-06-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3520 of 2022 Arising Out of PS. Case No.-69 Year-2020 Thana- CHORAUT District- Sitamarhi ====================================================== 1.

PACHCHU DAS Son of Nandi Path Das Resident of Village - Basotara, P.S.- Choraut, Distt.- Sitamarhi.

2.

Chinta Devi W/o Pachchu Das Resident of Village - Basotara, P.S.- Choraut, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-06-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 354(B), 332, 333, 337, 338, 427, 504 and 506 of the Indian Penal Code and Sections 3/4 of the Prevention of Damage to Public Property Act, 1984. The prosecution story relates to create hindrance to the police party in discharging their official duty when they reached to raid the house of Akhilesh Rai, who is accused of Choraut P.S. Case No. 66 of 2020.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that the petitioners are simply member of the

Patna High Court CR. MISC. No.3520 of 2022(2) dt.14-06-2022 2/2 mob and allegation against them is of pelting stones upon the police officials and general and omnibus allegation has been levelled against them. He further submits that similarly situated co-accused, namely, Dhurv Thakur @ Dhirendra Thakur @ Dhiru Thakur and Anil Rai @ Anil Kumar Rai have already been granted anticipatory bail by different Benches of this Court passed in Cr. Misc. No. 12558 of 2021 and Cr. Misc. No.20561 of 2021. Petitioners have got clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, 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 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Pupri, Sitamarhi in connection with Choraut P.S. Case No. 69 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T