Nagina Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14660 of 2022 Arising Out of PS. Case No.-369 Year-2019 Thana- SIRDALA District- Nawada ====================================================== 1.

NAGINA RAJBANSHI S/o Saryoo Rajbanshi Resident of Village - Manjhawan Tola Jainagar, P.S. - Sirdalla, District - Nawada. 2.

Sunni Rajbanshi @ Sunnideol Rajbanshi S/o Pragash Rajbanshi Resident of Village - Manjhawan Tola Jainagar, P.S. - Sirdalla, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 379, 308, 504 of the Indian Penal Code.

Allegedly, all the FIR named accused persons including the petitioners are said to have assaulted the staff of the

Patna High Court CR. MISC. No.14660 of 2022(2) dt.10-08-2022 2/3 informant on the allegation of stealing a child and when the informant tried to save him, he was also assaulted. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case and are having clean antecedent. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Similarly situated co-accused namely Sarju Rajbanshi and Pragash Rajbanshi have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 18.12.2020 passed in Cr. Misc. No.30036 of 2020.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, considering that the similarly situated co-accused have been granted 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 court below where the case is

Patna High Court CR. MISC. No.14660 of 2022(2) dt.10-08-2022 3/3 pending/Successor Court in connection with Sirdalla P.S. Case No.369 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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