Dharam Nath Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17221 of 2022 Arising Out of PS. Case No.-573 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Dharam Nath Pandit S/O Bhola Pandit R/o village- Basmanpur, P.S.- Motihari Mufassil, District- East Champaran 2.

Nathuni Pandit S/o Ramashray Pandit R/o village- Basmanpur, P.S.- Motihari Mufassil, District- East Champaran 3.

Rameshwar Pandit S/o Late Brikshawan Pandit R/o village- Basmanpur, P.S.- Motihari Mufassil, District- East Champaran 4.

Hari Paswan S/o Banai Paswan R/o village- Basmanpur, P.S.- Motihari Mufassil, District- East Champaran ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2022 Petition for pre-arrest bail of petitioner no.2 is dismissed as withdrawn.

Heard learned counsel for the rest petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code.

Prosecution's case in short is that 53 named including the petitioners and 150 unknown persons pelted stones on the police party causing injuries to some of them.

Patna High Court CR. MISC. No.17221 of 2022(2) dt.29-08-2022 2/2 Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation of against all the accused persons and no specific overt act has been alleged against the petitioners. Injury caused to the police personnel was found to be simple in nature. Petitioners have got no criminal antecedent.

Considering the nature of allegation against the petitioners nos. 1,3 and 4, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran in Motihari Muffasil Police Station Case No. 537 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T