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Patna High CourtCR. MISC./9642/2023allowed

Manoj Rai @ Manoj Kumar v. The State Of Bihar

2023-05-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9642 of 2023 Arising Out of PS. Case No.-264 Year-2016 Thana- MALSALAMI District- Patna ====================================================== 1.

MANOJ RAI @ MANOJ KUMAR S/O SHIV CHANDRA RAI R/o mohalla- Simki Nawab Ganj, P.S.- Malsalami, District- Patna. 2.

MUNNI RAI @ MUNI LAL RAI @ RISHI RAJ S/O JAGDISH RAI R/o mohalla- Simki Nawab Ganj, P.S.- Malsalami, District- Patna. 3.

RAKESH KUMAR S/O HARI NANDAN RAY R/o Mohalla- Simki Nawab Ganj, P.S.- Malsalami, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2023 Learned counsel for the petitioners has filed a supplementary affidavit in Court today.

Let the same be kept on record.

Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Malsalami P.S. Case No.264 of 2016, registered for the offences punishable under Sections 186, 283, 285 and 353 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners alongwith other co-accused persons were trying to disrupt the traffic by burning tyre on the road.

Patna High Court CR. MISC. No.9642 of 2023(3) dt.10-05-2023 2/2 Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. The petitioners have got criminal antecedents as stated in paragraph-3 of the bail application. It is further submitted that no specific overt act is alleged against the petitioners. The allegation is general and omnibus. The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna City in connection with Malsalami P.S. Case No.264 of 2016, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T