Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23451 of 2022 Arising Out of PS. Case No.-104 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

GAUTAM KUMAR SON OF PINKU SINGH R/O VILLAGE- PAHSARA, P.S.- NAWKOTHI, DISTRICT- BEGUSARI 2.

AVNISH KUMAR SON OF PINKU SINGH R/O VILLAGE- PAHSARA, P.S.- NAWKOTHI, DISTRICT- BEGUSARI 3.

PULPUL SINGH @ NIKESH KUMAR @ PULPUL SINGH SON OF BABUSAHEB SINGH @ SHABE SINGH R/O VILLAGE- BHAIRWAR, P.S.- MUFFASIL, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nawkothi P.S. Case no. 104 of 2021 instituted for the offence punishable under Sections 186, 187, 188, 353, 120(B), 323, 504, 506/34 of the Indian Penal Code.

As per allegation in the FIR, petitioners along with other co-accused persons have created hindrance by pelting stones to the police party in discharging the official duty while they were trying to clear the road blockage.

Patna High Court CR. MISC. No.23451 of 2022(2) dt.10-10-2022 2/2 Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. General and omnibus allegations have been levelled against them. They were only the member of the mob. Neither the petitioners were arrested on spot nor any incriminating article has been recovered from their possession. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nawkothi P.S. Case no. 104 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U