Govinda Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15686 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

Govinda Kumar S/o Yogendra Rau Resident of Village- Balwapar, P.S.- Warisaliganj, District- Nawada 2.

Binod Raut S/o Kedar Raut Resident of Village- Balwapar, P.S.- Warisaliganj, District- Nawada 3.

Rudal Raut @ Uday Prasad S/o Kedar Raut Resident of Village- Balwapar, P.S.- Warisaliganj, District- Nawada 4.

Manoj Raut @ Manoj Prasad S/o Kedar Raut Resident of Village- Balwapar, P.S.- Warisaliganj, District- Nawada 5.

Sunil Raut @ Sunil Kumar S/o Loha Raut @ Chhotelal Raut Resident of Village- Balwapar, P.S.- Warisaliganj, District- Nawada 6.

Rahul Kumar S/o Arvind Kumar Resident of Village- Balwapar, P.S.- Warisaliganj, District- Nawada 7.

Pramod Raut @ Pramod Kumar S/o Mannu Raut Resident of VillageBalwapar, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manmohan Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 323, 324, 332, 333, 337, 338, 307, 353 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, on the alleged date and

Patna High Court CR. MISC. No.15686 of 2024(2) dt.14-03-2024 2/3 time of occurrence, two communities i.e. Dhanuk and Yadav, in order to control the business of railway rack, clashed and were firing with illegal fire-arms on each other and when the informant alongwith other police personnel arrived at the place of occurrence, they saw that three persons are lying in an injured condition on road, then they were sent to Primary Health Centre, Warisaliganj by police vehicle, in the meantime, both groups started pelting stones and bricks on police party, as a result of which, one of the police personnel sustained injury.

4. It is submitted on behalf of petitioners that F.I.R. has been lodged against 59 named including these petitioners, and 200 unknown persons for pelting stones and making indiscriminate firing. Petitioner no. 1 is students, whereas petitioner nos. 2 to 7 are farmers. The allegations are general and omnibus in nature and no specific overt act has been alleged against any of the petitioners. Petitioners have got no concern either with the village politics or group rivalries. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their

Patna High Court CR. MISC. No.15686 of 2024(2) dt.14-03-2024 3/3 arrest/surrender within a period of six weeks from today, be enlarged on 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, Nawada in connection with Warisaliganj P.S. Case No. 27 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T