← Library
Patna High CourtCR. MISC./4932/2023allowed

Vishwajeet Kumar v. The State Of Bihar

2023-04-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4932 of 2023 Arising Out of PS. Case No.-100 Year-2019 Thana- AKBARNAGAR District- Bhagalpur ====================================================== 1.

Vishwajeet Kumar Son Of Munni Singh Resident Of Village- Kharaihiya, P.S.- Akbarnagar, District- Bhagalpur 2.

Benga Singh @ Sonu Singh Son Of Uchit Singh Resident Of VillageKharaihiya, P.S.- Akbarnagar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar For the Opposite Party/s :

Mr. Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 188, 337, 153A, 353, 323 and 307 of the Indian Penal Code.

As per allegation in the FIR, the petitioners along with other co-accused persons have created hindrance by pelting stones to the police party in discharging the official duty at the occasion of Muharram.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus

Patna High Court CR. MISC. No.4932 of 2023(2) dt.07-04-2023 2/2 in nature. He submits that the name of the petitioners were dragged in this case due to high handedness of police officials. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 27.07.2022 passed in Cr. Misc. No. 2532 of 2022. Petitioner no. 1 has got one criminal antecedent and petitioner no. 2 has no criminal antecedent as mentioned in para-3 of this application. Learned APP FOR THE State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, 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 Court below where the case is pending/successor Court in connection with Akbarnagar P.S. Case No. 100 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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