Shiv Nath Ray @ Shiv Nath Prasad Yadav @ Shivnath Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15678 of 2022 Arising Out of PS. Case No.-178 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== 1.

SHIV NATH RAY @ SHIV NATH PRASAD YADAV @ SHIVNATH KUMAR YADAV S/O LATE JINDA YADAV @ JINDA RAY R/o villageNonimal, P.S.- Rajepur, District- East Champaran 2.

Surendra Rai S/o Vinod Ray R/o village- Nonimal, P.S.- Rajepur, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in Rajepur P.S. Case No. 178 of 2021 registered for the offence under Sections 147, 148, 149, 341, 150, 151, 152, 171, 341, 342, 323, 307, 332, 333, 337, 338, 120B, 504, 506 & 353 of the Indian Penal Code.

Prosecution case in short is that during Panchayat election, co-accused disclosed the confidentiality of votes and in

Patna High Court CR. MISC. No.15678 of 2022(2) dt.08-04-2022 2/3 consequence thereof, a scuffle took place between the police and the mob.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. A scuffle is said to have taken place between the police and the private party. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Altogether 42 named persons along with 100-150 unknown persons have been made accused in the present case.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Kudus Ansari, learned Judicial Magistrate-Ist Class, Motihari, East Champaran in connection with Rajepur P.S. Case No. 178

Patna High Court CR. MISC. No.15678 of 2022(2) dt.08-04-2022 3/3 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T