Abhishek Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10478 of 2022 Arising Out of PS. Case No.-479 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== 1.

ABHISHEK SHARMA S/o Late Ramprit Sharma Resident of VillageHaripakar, P.S.- Bettiah Muffasil (Manuapul O.P.), District- West Champaran.

2.

Gaytri Devi W/o Late Ramprit Sharma Resident of Village- Haripakar, P.S.- Bettiah Muffasil (Manuapul O.P.), District- West Champaran. 3.

Rajesh Kumar S/o Asharfi Sah Resident of Village- Haripakar, P.S.- Bettiah Muffasil (Manuapul O.P.), District- West Champaran. 4.

Arvind Sah S/o Yogendra Sah Resident of Village- Haripakar, P.S.- Bettiah Muffasil (Manuapul O.P.), District- West Champaran. 5.

Bhikhari Mahto S/o Late Lakhraj Mahto Resident of Village- Haripakar, P.S.- Bettiah Muffasil (Manuapul O.P.), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== 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 Bettiah (M) Manuapul P.S. Case No. 479 of 2021 registered for the offence under Sections 147, 148, 149, 341, 323, 353, 224, 225, 332, 333, 427, 504, 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.10478 of 2022(2) dt.25-03-2022 2/3 Allegation against the petitioners is that they alongwith others protested against the arrest of co-accused and they got released co-accused, Brajesh Sharma from custody of the police. The accused persons started brick batting on the police force. It has been submitted on behalf of the petitioners that the 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. The petitioner No. 2 is a lady. Thirteen known and 100 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, Bettiah, West Champaran in

Patna High Court CR. MISC. No.10478 of 2022(2) dt.25-03-2022 3/3 connection with Bettiah (M) Manuapul P.S. Case No. 479 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