Ajay Kumar Nag v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16372 of 2022 Arising Out of PS. Case No.-50 Year-2015 Thana- OBRA District- Aurangabad ====================================================== 1.

AJAY KUMAR NAG Son of Late Prahlad Nag Resident of Village - Obra, P.s.- Obra, Distt.- Aurangabad (Bihar).

2.

Santosh Thakur @ Santosh Kumar Son of Jagdish Thakur @ Jagan Thakur Resident of Village - Obra, P.s.- Obra, Distt.- Aurangabad (Bihar). 3.

Mani Chaurasia @ Ravi Kumar Son of Dukhan Chaurasia Resident of Village - Obra, P.s.- Obra, Distt.- Aurangabad (Bihar). 4.

Deepak Kumar @ Deepak Kumar Soni Son of Hari Narayan Soni Resident of Village - Obra, P.s.- Obra, Distt.- Aurangabad (Bihar). 5.

Munna Kumar @ Krishana Prasad Son of Hari Narain Soni Resident of Village - Obra, P.s.- Obra, Distt.- Aurangabad (Bihar). 6.

Vicky Kumar @ Sidhi Gupta Son of Gopal Prasad Soni Resident of Village - Obra, P.s.- Obra, Distt.- Aurangabad (Bihar). 7.

Banty Kumar @ Raj Kumar Gupta Son of Krishna Prasad Gupta Resident of Village - Obra, P.s.- Obra, Distt.- Aurangabad (Bihar). 8.

Kamal Kumar @ Kamal Kishor gupta Son of Late Birju Prasad Gupta Resident of Village - Obra, P.s.- Obra, Distt.- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

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 a case

Patna High Court CR. MISC. No.16372 of 2022(2) dt.11-05-2022 2/3 registered under Sections 147, 149, 353, 307, 504, 332, 427, 337, 188, 290, 291, 283, 152 of the Indian Penal Code. Prosecution case, in short, is that the F.I.R. named accused persons including the petitioners along with 200 unknown persons obstructed the road and later became violent against the police personnel and started raising slogans against the police. They also pelted stones on the police personnel and they prevented the police from discharging their duties. 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 made accused due to mistake of fact.

General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The names of the petitioners have transpired in this case on disclosure made by local Chaukidar. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in this case. Altogether 14 named persons alongwith 200 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.

Patna High Court CR. MISC. No.16372 of 2022(2) dt.11-05-2022 3/3 Considering the 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/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Obra P.S. case No.50/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T