Munna Kumar @ Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15720 of 2020 Arising Out of PS. Case No.-152 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== 1.

MUNNA KUMAR @ MUNNA SAH S/o Late Laxman Sah R/o villageDhanauti, Ward No. 13, P.S.- Kateya, District- Gopalganj 2.

Haidar Ali @ Haidar Mian S/o Late Hanif Mian R/o village- Dhanauti, Ward No. 13, P.S.- Kateya, District- Gopalganj 3.

Nesar Ali @ Nasar Mian @ Nesar @ Heshar Ali S/o Ishaque Mian @ Isaque Mian R/o village- Dhanauti, Ward No. 13, P.S.- Kateya, District- Gopalganj 4.

Sagir Mian @ Saagir Mian S/o Ishaque Mian @ Isaque Mian R/o villageDhanauti, Ward No. 13, P.S.- Kateya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-08-2020 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, 148, 149, 323, 324, 307, 427, 353, 504 of the Indian Penal Code.

Prosecution case in short, is that on the information of a

Patna High Court CR. MISC. No.15720 of 2020(3) dt.28-08-2020 2/3 death in road accident, while the informant along with police personnel reached at the place of occurrence, the people of the vicinity protested against the police and they started damaging police vehicle and in consequence thereof, the persons gathered there, started abusing and assaulting the police party. 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 falsely implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/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 or 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 learned Additional Chief Judicial Magistrate-XV, Gopalganj in connection with Kateya P.S. Case No. 152 of 2019 subject to

Patna High Court CR. MISC. No.15720 of 2020(3) dt.28-08-2020 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T