Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9410 of 2022 Arising Out of PS. Case No.-753 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== 1.

RAJA KUMAR S/o Sumit Choudhary R/o village- Kathalbari, P.S.- Barari, District- Bhagalpur 2.

Sunny Choudhary S/o Kishun Choudhary R/o village- Kathalbari, P.S.- Barari, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Rajeev Nayan,App ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-03-2022 Heard learned counsel for the petitioners and the State through virtual mode.

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

The petitioners are apprehending their arrest in Kotwali (Barari) P.S. Case No. 753 of 2021 registered for the offence under Sections 147, 148, 149, 323, 307, 353, 332, 337 of the Indian Penal Code.

Allegedly, due to dispute in Shobha Yatra, a scuffle took place between the police and public and in consequence thereof, stone pelting took place.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.9410 of 2022(2) dt.25-03-2022 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. In course of Shobha Yatra, a scuffle is said to have taken place. Twenty known and 50-60 unknown persons have been made accused in the present case.

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

Considering the aforesaid facts and circumstances of the case, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 753 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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