Subodh Kumar Razak @ Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21177 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- SONO District- Jamui ====================================================== 1.

SUBODH KUMAR RAZAK @ SUBODH KUMAR S/O LATE VIKRAM RAZAK R/O VILLAGE-CHARAIYA, P.S.-CHARKAPATHAR, SONO, DISTRICT-JAMUI.

2.

CHANDAN RAZAK S/O LATE VIKRAM RAZAK R/O VILLAGECHARAIYA, P.S.-CHARKAPATHAR, SONO, DISTRICT-JAMUI. 3.

RAHUL KUMAR RAZAK @ RAHUL RAZAK S/O LATE VIKRAM RAZAK R/O VILLAGE-CHARAIYA, P.S.-CHARKAPATHAR, SONO, DISTRICT-JAMUI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Ranjan Singh, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

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

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sono (Charkapathar) P.S. Case no. 107 of 2020 instituted for the offence under Sections 341, 323, 307, 504, 427, 506/34

Patna High Court CR. MISC. No.21177 of 2021(3) dt.13-01-2022 2/3 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation in the FIR, on a secret information that some local people are hunting in protected forest area of Charaiya for wild animal and illegal mining extraction. The informant with his companion Pankaj Kumar rushed to the spot and saw that some people carrying lethal weapons and stone was being loaded in a tractor. On protest of the informant, the petitioners along with others started abusing and assaulting the informant and his companion with sword and stones and fled away.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and has committed no offence. From para 59 of the case diary, it reveals that injury received by the injured Pankaj Kumar is lacerated wound on his ear. General and omnibus allegations have been levelled against the petitioners. No extracted material from forest has been recovered from the place of occurrence.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The

Patna High Court CR. MISC. No.21177 of 2021(3) dt.13-01-2022 3/3 petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sono (Charkapathar) P.S. Case no. 107 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jamui subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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