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Patna High CourtCR. MISC./12847/2024disposed

Raushan Sah @ Raushan Kumar v. The State Of Bihar

2024-03-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12847 of 2024 Arising Out of PS. Case No.-529 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

Raushan Sah @ Raushan Kumar S/O Madan Sah 2.

Vicky Sah @ Vicky Kumar S/O Madan Sah 3.

Gita Devi W/O Basant Sah All R/O Village- Tingachchiya, Nawada, P.O And P.S- Govindganj, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 353(A), 341, 323, 307, 504, 342 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioners submit that petitioners are person with clean antecedent and petitioner no.3 is a women and the allegation is of obstructing the police officer in discharge of their official duty and of creating ruckus when the police force was trying to apprehend an accused against whom it was alleged that he was demanding extortion. It is next

Patna High Court CR. MISC. No.12847 of 2024(2) dt.13-03-2024 2/2 submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the allegation against the petitioners are general and omnibus in nature, though there is allegation of assaulting the police force, but then the allegation is not specific and even the injuries suffered are not grievous.

4. The learned APP opposes the anticipatory bail application.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioner above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Ist, Motihari, East Champaran in connection with Gopalganj P.S. Case No.529 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T