Bachha Alam @ Bachchu Alam @ Md Baccha Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28886 of 2024 Arising Out of PS. Case No.-689 Year-2023 Thana- DHAKA District- East Champaran ====================================================== 1.

Bachha Alam @ Bachchu Alam @ Md Baccha Alam Son of Sanuullah Ansari @ Sanaullah Ansari Resident Of Village-Ramji Tola, P.S.-Dhaka, Distt.-East Champaran (Motihari) 2.

Rajkumar Patel @ Raj Kumar Singh Son of Jay Narayan Patel Resident Of Village-Vikrampur, P.S.-Dhaka, Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2024 Heard the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 353, 504, 201 of the Indian Penal Code.

3.

As per the FIR, during the course of election, petitioners along with others went to a booth and tried to disturb the ongoing election. When the informant tried to pacify the matter, the petitioner and other co-accused persons started scuffling with the police personnel.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.28886 of 2024(2) dt.03-07-2024 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioner no.1 has four criminal antecedent and petitioner no.2 has one criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dhaka P.S. Case No.689 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T