Vikash Kumar @ Bokash Kumar Rai @ Bikas Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16709 of 2020 Arising Out of PS. Case No.-434 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== 1.
VIKASH KUMAR @ BOKASH KUMAR RAI @ BIKAS RAI Son of Ram Khelawan Rai Resident of Village-Banhara, Police Station-Teghra, DistrictBegusarai. 2.
Prabhash Rai @ Prabhash Kumar Rai Son of Ram Khelawan Rai Resident of Village-Banhara, Police Station-Teghra, District-Begusarai. 3.
Phutkun Rai @ Ram Khelawan Rai Son of Anup Rai Resident of VillageBanhara, Police Station-Teghra, District-Begusarai. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmod Kumar For the Opposite Party/s :
Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-11-2021 At the outset, learned counsel for the petitioners seek permission to withdraw the application of the petitioner no. 3, Phutkun Rai @ Ram Khelawan Rai as the petitioner no. 3 has been arrested during the pendency of the application. Permission is granted.
Accordingly, the application as against the petitioner no. 3 is dismissed as withdrawn.
Heard learned counsel for the petitioners and learned Public Prosecutor for the State.
The petitioners are apprehending their arrest in connection with Teghra P.S. Case No. 434 of 2019 for the offence registered under Sections 147, 148, 149, 323, 341, 337, 338, 353, 427, 506 and 307 of the Indian Penal Code. Allegation against the petitioners is that they tried to
Patna High Court CR. MISC. No.16709 of 2020(4) dt.15-11-2021 2/2 obstruct the police official in performing their duties by way of throwing bricks and stones.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in the present case. It is further submitted that there is general and omnibus allegation against the petitioners. It is further submitted that similarly situated co- accused person has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 19.02.2020 passed in Cr. Misc. No. 12728 of 2020 It is further submitted that the petitioners have no criminal antecedent. Considering the facts and circumstances of the case, let the petitioners 1 & 2, in the event of their arrest/surrender before the court below within a period of four weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 434 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C (Sunil Kumar Panwar, J) Jagdish/- U T