Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15852 of 2020 Arising Out of PS. Case No.-213 Year-2019 Thana- BATHNAHA District- Sitamarhi ====================================================== 1.

SUDHIR KUMAR Son of Subodh Prasad Resident of Village - Kamaldah, P.S.- Bathnaha, Distt - Sitamarhi.

2.

Aash Kumar Mandal Son of Saukhe Mandal Resident of Village - Kamaldah, P.S.- Bathnaha, Distt - Sitamarhi.

3.

Mahavir Mandal Son of Raj Kumar Mandal Resident of Village - Kamaldah, P.S.- Bathnaha, Distt - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2020 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, 148, 149, 353, 324, 307, 188, 186 of the Indian Penal Code.

The prosecution case, in short, is that a procession was going on which became enraged and damaged the property

Patna High Court CR. MISC. No.15852 of 2020(2) dt.14-07-2020 2/3 and also assaulted the police officials on duty. 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. Altogether 19 persons along with 500 unknown persons have been made accused. General and omnibus allegation has been made against the petitioners. 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./complaint case.

Considering the facts and circumstances of the case and also the lockdown, 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 bonds to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No. 213/19, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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

Patna High Court CR. MISC. No.15852 of 2020(2) dt.14-07-2020 3/3 weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T