Pradeep Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9576 of 2023 Arising Out of PS. Case No.-286 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== 1.

Pradeep Sharma Son Of Late Basudeo Sharma R/O Village- Lakhanipur Maheshpatti, P.S.- Ujiyarpur, District- Samastipur 2.

Tapeshwar Pandit Son Of Late Ramdhari Pandit R/O Village- Lakhanipur Maheshpatti, P.S.- Ujiyarpur, District- Samastipur 3.

Mantun Das Son Of Sanichar Das R/O Village- Lakhanipur Maheshpatti, P.S.- Ujiyarpur, District- Samastipur 4.

Rabin Kumar Das @ Rabin Kumar Son Of Late Manoj Das R/O VillageLakhanipur Maheshpatti, P.S.- Ujiyarpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 353, 354, 427, 307 and 504 of the Indian Penal Code. As per the prosecution case, all the accused persons including petitioners, variously armed assembled and attacked on the police team and took Kamli Devi from police custody and started assaulting her in order to take revenge. It is also alleged that they created hindrance in discharging the duty of officials on duty.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have

Patna High Court CR. MISC. No.9576 of 2023(2) dt.20-04-2023 2/2 been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners are only the member of mob. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 14.11.2022 passed in Cr. Misc. No. 30296 of 2022. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ujiyarpur P.S. Case No. 286 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T