Akhilesh Dhangar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35480 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- LAURIA District- West Champaran ====================================================== 1.

AKHILESH DHANGAR SON OF SUDAMA DHANGAD Resident of Village- Srikahiya, P.S.- Lauriya, District- west Champaran. 2.

Harendra Dhangar @ Harindra Dhangr Son of Sri Vishwanath Dhangad Resident of Village- Srikahiya, P.S.- Lauriya, District- west Champaran. 3.

Lalan Dhangar Sri Bhola Dhangar Resident of Village- Srikahiya, P.S.- Lauriya, District- west Champaran.

4.

Munna Dhangar Son of Sri Sarvesh Dhangar @ Satan Dhangar Resident of Village- Srikahiya, P.S.- Lauriya, District- west Champaran. 5.

Ramjee Dhangar Sri Dhakad Dhangar Resident of Village- Srikahiya, P.S.- Lauriya, District- west Champaran.

6.

Pannalal Dhangar Son of Sri Amerika Dhangar Resident of VillageSrikahiya, P.S.- Lauriya, District- west Champaran. 7.

Dayashankar Dhangar Son of Sri Jagarnath Dhangad Resident of VillageSrikahiya, P.S.- Lauriya, District- west Champaran. 8.

Kamlesh Dhangar Son o fSri Ramratan Dhangar Resident of VillageSrikahiya, P.S.- Lauriya, District- west Champaran. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

At the very outset, learned counsel for the petitioners

Patna High Court CR. MISC. No.35480 of 2021(2) dt.07-02-2022 2/3 seeks permission to withdraw this application in respect of petitioner nos.2, 3, 5, 6 & 8 submitting that during pendency of this application they have been apprehended by the police. Permission is granted.

Accordingly, this application is dismissed as withdrawn in respect of petitioner nos.2, 3, 5, 6 & 8. Now, this application is only with respect to petitioner nos.1, 4 & 7.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 342, 323, 353, 427, 504 & 506 of the Indian Penal Code. The accusation against the petitioners is that they are said to have formed an unlawful assembly, committed scuffle with the police and took law in their own hand and also put hindrance during discharge of duties by the police personnel.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to police mechanism and maneuvering on the basis of false and wrong information given by their enemies. The police team or any other people has not sustained any injury. The allegation

Patna High Court CR. MISC. No.35480 of 2021(2) dt.07-02-2022 3/3 levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner nos.1, 4 & 7, 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 lower Court where the case is pending/successor Court in connection with Lauriya P.S. Case No.82 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J.) Trivedi/- U T