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Patna High CourtCR. MISC./12831/2023allowed

Gayatri Devi @ Gayatri v. The State Of Bihar

2023-05-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12831 of 2023 Arising Out of PS. Case No.-26 Year-2020 Thana- ISHIPUR District- Bhagalpur ====================================================== 1.

Gayatri Devi @ Gayatri Wife Of Chandra Shekhar Ravidas @ Chandra Shekhar Kumar R/V- Gandhi Nagar, Purani Barahat, P.S.- Ishipur Barahat, District- Bhagalpur, State- Bihar 2.

Chandra Shekhar Ravidas @ Chandra Shekhar Kumar Son Of Late Dharmpal Ravidas R/V- Gandhi Nagar, Purani Barahat, P.S.- Ishipur Barahat, District- Bhagalpur, State- Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 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 188, 269, 272, 147, 148, 149, 341, 323, 448, 353, 307, 427, 333, 337 and 379 of the Indian Penal Code.

As per the prosecution case, the accused persons forming unlawful assembly, on being asked by the police, started abusing and assaulted the police party due to which many police personnel sustained injuries.

Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.12831 of 2023(2) dt.11-05-2023 2/2 He submits that there is no specific overt against these petitioners, there is specific alllegation against one Pankaj Ravidas. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 20.07.2022 passed in Cr. Misc. No. 71609 of 2021 and vide order dated 26.07.2021 passed in Cr. Misc. No. 4145 of 2021. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and similarly situated co-accused have been granted anticipatory bail, 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 Ishipur (Barahat) P.S. Case No.26 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