Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9386 of 2024 Arising Out of PS. Case No.-110 Year-2023 Thana- SALIMPUR District- Patna ====================================================== 1.

Nandan Kumar S/O Ravindra Singh Village- Benipur, Ps. Salimpur, Distt. Patna, Bihar.

2.

Pappu Kumar @ Pappu Kumar Singh S/O Ram Pravesh Singh VillageBenipur, Ps. Salimpur, Distt. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Salimpur P.S. Case No. 110 of 2023 registered under sections 147, 148, 149, 186, 307, 323, 325, 332, 333, 337, 338, 353 and 504 of the Indian Penal Code.

Prosecution case in short, is that, while the police team was attempting to arrest the petitioners for other case and they arrested the petitioners, in the meantime, all the male and female family members attacked the police team with sticks and stones and took away the arrested accused persons due to which

Patna High Court CR. MISC. No.9386 of 2024(2) dt.20-02-2024 2/3 police personnel sustained injuries. Further, the women members of the family of the accused persons started pelting stone on the police personnel and created hindrance in discharging official duties of the police personnel. Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. Petitioners were not apprehended on spot and also nothing specific allegation has been levelled against the petitioners rather general and omnibus allegations have been levelled against all the accused persons. Nothing consistent material has come against the petitioners in respect of this alleged offence. Moreover, they are languishing in judicial custody since 28.11.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Salimpur P.S. Case No. 110 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.9386 of 2024(2) dt.20-02-2024 3/3 amount each to the satisfaction of the learned J.M. 1st Class, Barh, Patna.

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