Suresh Rai @ Suresh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16214 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== Suresh Rai @ Suresh Prasad Yadav S/O Passpat Rai R/O Village- Tajpur Bara, P.S.- Mehsi, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 353, 504 and 506 of the Indian Penal Code. As per FIR, after keeping dead body of one Nandlal Rai, all the FIR named accused persons including the petitioner blocked the road and were creating nuisance due to which passersby were facing problem. When the informant along with police party went there to pacify the matter, all the accused persons became angry, abused them and obstructed the police party in performing their official duty.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the

Patna High Court CR. MISC. No.16214 of 2023(2) dt.17-05-2023 2/2 petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the petitioner is the member of mob. He further submits that petitioner has two criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rajepur P.S. Case No. 103 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T