Mohan Rajwanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14922 of 2025 Arising Out of PS. Case No.-102 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== 1.

Mohan Rajwanshi, S/o Karu Rajwanshi.

2.

Sachin Rajwanshi, S/o Dilip Rajwanshi.

Both are R/o Village-Badgaon, P.S.-Fatehpur, Dist- Gaya. ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The accused/petitioners are named in the FIR and apprehending their arrest in connection with Fatehpur P.S. Case No.102 of 2024 registered under Sections 147, 149, 341, 323, 325, 307, 353 and 427 of the Indian Penal Code.

3. Allegation against the petitioners is to deter the police officials, while they were discharging their official duty, by way of pelting stones and bricks on them, when they entered into village of petitioners in connection with compliance of the order passed by learned

Patna High Court CR. MISC. No.14922 of 2025(2) dt.02-04-2025 2/3 A.C.J.M.-X, Gaya in G.R. Case No.1536 of 2012.

4. It is submitted by learned counsel appearing for the petitioners that the present case was lodged against 20 named and 30 unknown accused persons, where the allegation of pelting stones upon police force is appearing very much general and omnibus against both the petitioners. It is submitted that petitioners are not facing any allegation qua specific overt act. It is submitted that the implication is only being the co-villagers of the accused of G.R. Case No.1536 of 2012, as discussed above. While concluding argument, it is submitted that both the petitioners are men of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submissions and by taking note of fact as allegation against both the petitioners as to deter the police officials to discharge their official function is appearing very much general and omnibus, who are men of clean antecedent, accordingly, both above-named

Patna High Court CR. MISC. No.14922 of 2025(2) dt.02-04-2025 3/3 petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below, within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-X, Gaya in connection with Fatehpur P.S. Case No.102 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T