Mukul Sharma @ Mukul Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4339 of 2022 Arising Out of PS. Case No.-13 Year-2018 Thana- UNIVERSITY District- Muzaffarpur ====================================================== 1.

Mukul Sharma @ Mukul Kumar Sharma Son Of Kanhaiya Sharma R/O Village- Bangal Khand, P.S.- Kuchai Court, District- Gopalganj 2.

Sonu Singh @ Dheeraj Kumar Son Of Ram Vivek Thakur R/O VillageVasua, P.S.- Aurai, District- Muzaffarpur 3.

Pankaj Singh @ Pankaj Kumar Son Of Tribhuvan Prasad Singh R/O VillageSirsa, P.S.- Lalganj, District- Vaishali 4.

Himanshu Raj Son Of Surendra Kumar Chaudhary R/O Village- Chak Barkurba, P.S.- Kanti, District- Muzaffarpur 5.

Keshari Nandan Sharma @ Keshari Nandan Son Of Nandkishor Sharma @ Nanda Kishore Sharma @ Nand Kishore Sharma R/O Village- Sirsiya, P.S.- Kanti, District- Muzaffarpur 6.

Avinash Kumar Jha @ Avinash Kumar Son Of Surendra Jha R/O VillageAmgola, P.S.- Kaji Mohammadpur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, A PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in University P.S. Case No. 13 of 2018 registered for the offence under Sections 143, 452, 454, 353, 427 & 504 of the Indian Penal

Patna High Court CR. MISC. No.4339 of 2022(2) dt.24-03-2022 2/3 Code and Section-3 of Damage to Public Property Act. Allegedly, the petitioners, who are said to be students, entered the house of Vice Chancellor. They protested against the examination and misbehaved with the Vice Chancellor. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused in the present case due to mistake of fact. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. As per the allegation, the petitioners were protesting against the Vice chancellor of the university with regard to the examination which was being conducted. Six known and 20-35 unknown persons have been made accused in the FIR. All the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.4339 of 2022(2) dt.24-03-2022 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Ms. Sanjana Gandhi, learned Judicial Magistrate-Ist Class, Muzaffarpur in connection with University P.S. Case No. 13 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T