Ram Pukar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18015 of 2020 Arising Out of PS. Case No.-364 Year-2019 Thana- PIPRA District- East Champaran ====================================================== 1.

RAM PUKAR KUSHWAHA Son of Late Shiv Balak Prasad Kushwaha Resident of Village Ghanshyam Pakari P.S. - Pipra District - East Champaran (Motihari).

2.

Yashoda Nand Kushwaha son of Late Shiv Balak Prasad Kushwaha Resident of Village Ghanshyam Pakari P.S. - Pipra District - East Champaran (Motihari).

3.

Kavita Kushwaha Wife of Yashoda Nand Kushwaha Resident of Village Ghanshyam Pakari P.S. - Pipra District - East Champaran (Motihari). 4.

Anita Kushwaha Wife of Ram Pukar Kushwaha Resident of Village Ghanshyam Pakari P.S. - Pipra District - East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 149, 341, 342, 323, 353, 224, 225 and 504 of the Indian Penal Code.

Allegation is that while the informant and his

Patna High Court CR. MISC. No.18015 of 2020(2) dt.16-07-2020 2/3 police personnel were making raid, the accused persons started brick batting over the police force.

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 falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra P.S. case No.364 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.18015 of 2020(2) dt.16-07-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T