Madan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11365 of 2023 Arising Out of PS. Case No.-179 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

MADAN RAM Son of Ganesh Ram @ Lagru Bhagat R/v- Janakpur Pokhra, P.S.- Nabinagar Dist- Aurangabad (Bihar) 2.

TRIVENI YADAV Son of Paras Yadav R/v- Janakpur Pokhra, P.S.- Nabinagar Dist- Aurangabad (Bihar) ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 337, 338, 307, 332, 333, 353, 427, 435, 504, 283 & 188 of the Indian Penal Code and Section 3⁄4 of the Prevention of Damage to Public Property Act.

All the F.I.R. named accused persons including these petitioners are said to have obstructed the police officials and prevented them in discharging their public duties and also pelted stones on them.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to

Patna High Court CR. MISC. No.11365 of 2023(2) dt.10-05-2023 2/2 illegal alliance of local politicians and administrative caprice. The petitioners were only the memebrs of the mob. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that for the same offence Navinagar P.S. Case No.180 of 2021 has been lodged against the petitioners and in this case the petitioners have been enlarged on bail by this Court vide order dated 19.04.2023 passed in Cr. Misc. No.9356 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, 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 lower Court where the case is pending/successor Court in connection with Nabinagar P.S. Case No.179 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T