Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26002 of 2022 Arising Out of PS. Case No.-91 Year-2016 Thana- RAJEPUR District- East Champaran ====================================================== 1.

ANIL KUMAR Son of Rajaram Sah Resident of Village - Tetariya, P.s.- Rajepur, Distt.- East Champaran.

2.

Manoj Kumar Son of Ramanand Paswan Resident of Village - Tetariya, P.s.- Rajepur, Distt.- East Champaran.

3.

Jitendra Kumar Son of Achchelal Sah Resident of Village - Tetariya, P.s.- Rajepur, Distt.- East Champaran.

4.

Bhuday Kumar @ Pappu Chaurasiya Son of Dhruvnarayan Chaurasiya Resident of Village - Tetariya, P.s.- Rajepur, Distt.- East Champaran. 5.

Ravi Kumar Chaurasiya Son of Awadhesh Narayan Resident of Village - Tetariya, P.s.- Rajepur, Distt.- East Champaran. 6.

Dinanath Sah Son of Laxmi Sah Resident of Village - Tetariya, P.s.- Rajepur, Distt.- East Champaran.

7.

Yogendra Sah Son of Ramdev Sah Resident of Village - Tetariya, P.s.- Rajepur, Distt.- East Champaran.

8.

Sheo Shankar Sah Son of Jiyalal Sah Resident of Village - Tetariya, P.s.- Rajepur, Distt.- East Champaran.

9.

Kamal Bhagat Son of Late Ganaur Sah Resident of Village - Punas, P.s.- Madhuban, Distt.- East Champaran.

10.

Ruplal Bhagat Son of Vishundayal Bhagat Resident of Village - Punas, P.s.- Madhuban, Distt.- East Champaran.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Abhishek Kumar, Advocate For the Opposite Party :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners is directed to remove the defect(s) as pointed out by the office within a period

Patna High Court CR. MISC. No.26002 of 2022(2) dt.14-11-2022 2/3 of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections-144, 147, 452, 341, 342, 323, 504, 506, 353, 120(B) of the Indian Penal Code and 3⁄4 of Prevention of damage of Public Property Act.

Prosecution case in short is that the informant, BDO, Taraiya, East Champaran filed a petition before the S.H.O., Rajepur stating therein that on 26-07-2016 at about 02:30 P.M. some unknown miscreants had badly damaged glasses of windows and other parts of the personal vehicle of the informant.

It is submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. There is no specific allegation against the petitioners. The petitioners are not named in the FIR. The names of the petitioners have transpired in this case in course of investigation.

Learned counsel for the State submits that the petitioners are named in the FIR.

Considering the aforesaid facts and circumstances, let

Patna High Court CR. MISC. No.26002 of 2022(2) dt.14-11-2022 3/3 the petitioners named above, in the event of arrest/surrender before the learned court below within a period of twelve 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 Sub Divisional Judicial Magistrate, Sadar, East Champaran, Motihari in connection with Rajepur P.S. Case No. 91 of 2016 subject to the conditions as laid down under Section-438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T