Pramod Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23474 of 2021 Arising Out of PS. Case No.-52 Year-2020 Thana- GOH District- Aurangabad ====================================================== 1.
PRAMOD KUMAR SON OF RAM BILASH YADAV R/O VILLAGEAKAUNI, P.S.- GOH, DISTRICT- AURANGABAD. 2.
SAHEB KUMAR SON OF DINESHWAR YADAV R/O VILLAGEAKAUNI, P.S.- GOH, DISTRICT- AURANGABAD. 3.
RAMJEE YADAV SON OF SHIV SHARAN YADAV R/O VILLAGEAKAUNI, P.S.- GOH, DISTRICT- AURANGABAD. 4.
DINESHWAR YADAV SON OF SHIV SHARAN YADAV R/O VILLAGEAKAUNI, P.S.- GOH, DISTRICT- AURANGABAD. 5.
DEEPAK KUMAR @ DIPAK KUMAR SON OF DINESHWAR YADAV R/O VILLAGE- AKAUNI, P.S.- GOH, DISTRICT- AURANGABAD. 6.
RITA DEVI WIFE OF SUDARSHAN YADAV R/O VILLAGE- AKAUNI, P.S.- GOH, DISTRICT- AURANGABAD.
7.
BRIJMOHAN KUMAR @ DILMOHAN KUMAR SON OF RAMASHISH YADAV R/O VILLAGE- AKAUNI, P.S.- GOH, DISTRICTAURANGABAD. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Ranjan Kumar For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office.
Patna High Court CR. MISC. No.23474 of 2021(2) dt.10-01-2022 2/3 The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Goh P.S. Case no. 52 of 2020 instituted for the offence under Sections 147, 148, 149, 188, 269, 270, 341, 323, 324, 325, 326, 332, 333, 337, 338, 353, 307 and 504 of the Indian Penal Code.
As per allegation in the FIR, petitioners are member of an unlawful assembly. They along with other co-accused persons have created hindrance to the police officials by lathi, danda and also by brick batting in discharging their duties. Several police officials have received injuries in the said scuffle. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and hae committed no offence. General and omnibus allegations have been levelled against them. Specific allegation of assault is against co-accused Sanjay Yadav, who is not the petitioner in the present case. Injury received by the injured is simple in nature. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The
Patna High Court CR. MISC. No.23474 of 2021(2) dt.10-01-2022 3/3 petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Goh P.S. Case no. 52 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Daudnagar, Distt. Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U