Amardeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15974 of 2022 Arising Out of PS. Case No.-375 Year-2021 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.

AMARDEEP KUMAR Son of Late Janardhan Modi Resident of Chandralok Colony, P.S.- Jagdishpur (Bypass), District - Bhagalpur. 2.

Rukmani Devi Wife of Late Janardhan Modi Resident of Chandralok Colony, P.S.- Jagdishpur (Bypass), District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 353, 504, 34 of the Indian Penal Code.

The prosecution case, in brief, is that on 14.11.2021, when the informant alongwith other police personnel were on patrolling duty and in course thereof reached at the shop of petitioners and tried to search the shop, these petitioners alongwith one co-accused did not allow them to search the shop and started abusing & assaulting police personnel. It is submitted on behalf of petitioners that there is general and omnibus allegation against these petitioners. Except Section 353 IPC, other sections are bailable in nature, however;

Patna High Court CR. MISC. No.15974 of 2022(2) dt.25-08-2022 2/2 on perusal of F.I.R., it is apparent that Section 353 of the IPC is not applicable in the present case. It is further submitted that no incriminating article has been recovered from the shop in question. The petitioners have got clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Jagdishpur P.S. Case No. 375 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T