Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16429 of 2023 Arising Out of PS. Case No.-176 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== 1.

DHARMENDRA KUMAR Son of Kishun Ray R/V- Mohammadpur P.sGaighat, Dist- Muzaffarpur 2.

Ganesh Kumar @ Ganesh Ray Son of Chandradip Ray R/V- Mohammadpur P.s- Gaighat, Dist- Muzaffarpur 3.

Dinesh Kumar @ Dinesh Kumar Ray Son of Chandradip Ray R/VMohammadpur P.s- Gaighat, Dist- Muzaffarpur 4.

Rakesh Kumar Son of Chandradip Ray R/V- Mohammadpur P.s- Gaighat, Dist- Muzaffarpur 5.

Dilip Ray Son of Jay Ray R/V- Mohammadpur P.s- Gaighat, DistMuzaffarpur 6.

Rajgeer Ray Son of Late Achhelal Ray R/V- Mohammadpur P.s- Gaighat, Dist- Muzaffarpur 7.

Vinod Kumar @ Vinod Ray Son of Late Achhelal Ray R/V- Mohammadpur P.s- Gaighat, Dist- Muzaffarpur 8.

Chitranjan Kumar Son of Vinod Ray R/V- Mohammadpur P.s- Gaighat, DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 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 147, 149, 341, 323, 324, 354, 379 and 447 of the Indian Penal Code. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.16429 of 2023(2) dt.25-05-2023 2/3 petitioners are persons with clean antecedent and the informant alleges that while he was filling soil on his land, 14 accused persons, including the petitioners, came armed with weapon and stopped the informant from filling his land and thereafter it is alleged that the accused persons assaulted him and when Jitendra and Birchanda Rai came to save him, they were also assaulted and the accused persons undressed Babita Devi and snatched her mangalsutra.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and from perusal of the allegations as alleged in the FIR it would manifest that no specific allegation of assault is alleged against any of the accused persons as such the allegations are general and omnibus in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.16429 of 2023(2) dt.25-05-2023 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gayghat P.S. Case No. 176 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T