Ravi Prakash @ Pintu Kumar Yadav @ Pintu Yadav @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5411 of 2022 Arising Out of PS. Case No.-233 Year-2019 Thana- MAHESI District- East Champaran ====================================================== 1.

Ravi Prakash @ Pintu Kumar Yadav @ Pintu Yadav @ Pintu Kumar, aged about 30 years, Gender-Male, Son Of Shambhu Yadav @ Shambhu Ray, R/O Village- Harpurnag, P.S.- Mehsi, District- East Champaran. 2.

Mintu Kumar Yadav @ Mintu Yadav @ Mintu Kumar, aged 28 years, Gender-Male, Son Of Shambhu Yadav @ Shambhu Ray, R/O VillageHarpurnag, P.S.- Mehsi, District- East Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Priyesh Kumar, Advocate For the Opposite Party :

Mr. Mithilesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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

The petitioners are apprehending their arrest in connection with Mehsi P.S. Case No. 233 of 2019 for the offence registered under Sections 147, 148, 149, 188, 332, 338, 353, 427 of the I.P.C. read with Section 9 of the Bihar Control Loudspeaker Act, 1956.

The prosecution story, in brief, is that on 15.08.2019 when the informant tried to stop the processionists to play D.J.

Patna High Court CR. MISC. No.5411 of 2022(2) dt.24-03-2022 2/3 in high volume, dancing and singing then they became violent and played D.J., the people present in the procession, started pelting stones on the police personnel, due to which, the government vehicles were damaged and some police personnel and local people were also injured.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Altogether 22 named persons alongwith 40-50 unknown persons have been made accused in the present case. For the petty reason, scuffle is said to have taken place between the parties.

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

Considering the aforesaid facts and circumstances of the case, let 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 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.5411 of 2022(2) dt.24-03-2022 3/3 each with two sureties of the like amount each to the satisfaction of the learned C.J.M. East Champaran at Motihari, in connection with Mehsi P.S. Case No. 233 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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