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Patna High CourtCR. MISC./31105/2023allowed

Rikki Roy @ Bikki Roy @ Krishna Kumar Roy @ Krishna Kumar v. The State Of Bihar

2023-07-17Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31105 of 2023 Arising Out of PS. Case No.-404 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

Rikki Roy @ Bikki Roy @ Krishna Kumar Roy @ Krishna Kumar Son Of Dheeraj Roy @ Dhairaj Roy Resident Of Village - Ojhaul, P.S. - Bahadurpur, Distt. - Darbhanga 2.

Surendra Sahni @ Sulinder Sahni @ Sulinder Kumar Sahni Son Of Gaya Sahni Resident Of Village - Ojhaul, P.S. - Bahadurpur, Distt. - Darbhanga 3.

Vikash Paswan @ Vikash Kumar @ Vikash Kumar Paswan Son Of Binod Paswan Resident Of Village - Ojhaul, P.S. - Bahadurpur, Distt. - Darbhanga 4.

Fudan Roy @ Rakesh Kumar Roy @ Rakesh Kumar Son Of Binod Paswan @ Dinesh Roy Resident Of Village - Ojhaul, P.S. - Bahadurpur, Distt. - Darbhanga 5.

Mithilesh Sahni Son Of Goraul Sahni Resident Of Village - Ojhaul, P.S. - Bahadurpur, Distt. - Darbhanga 6.

Amit Paswan @ Amit Kumar Son Of Nandu Paswan @ Nand Paswan Resident Of Village - Ojhaul, P.S. - Bahadurpur, Distt. - Darbhanga 7.

Laxman Sahni @ Laxman Kumar Son Of Dinesh Sahni Resident Of Village - Ojhaul, P.S. - Bahadurpur, Distt. - Darbhanga 8.

Kamlesh Sah @ Kamlesh Kumar Sah Son Of Nathuni @ Nathuni Sah Resident Of Village - Ojhaul, P.S. - Bahadurpur, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 427, 353, 504 of the Indian Penal Code.

3. Allegation against the petitioners is that they

Patna High Court CR. MISC. No.31105 of 2023(2) dt.17-07-2023 2/3 formed unlawful assembly, scuffled with police and took law in their hand and also put hindrance during discharge of duties by the police personnel.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioner nos. 1 and 8 have one criminal antecedent as stated in the supplementary affidavit and rest of the petitioners have no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Bahadurpur P.S. Case No. 404 of 2021,

Patna High Court CR. MISC. No.31105 of 2023(2) dt.17-07-2023 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T