Upendra Kumar @ Upendra Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29168 of 2024 Arising Out of PS. Case No.-84 Year-2023 Thana- DUMARIYA District- Gaya ====================================================== 1.

Upendra Kumar @ Upendra Vishwakarma Son of Suryadeo Vishwakarma Resident of Village- Baliya, P.S. Dumariya, Distt.- Gaya 2.

Bablu @ Suhail Ansari S/o Nasim Ansari Resident of Village- Baliya, P.S. Dumariya, Distt.- Gaya 3.

Anuj Singh @ Anuj Kumar Son of Vijay Singh @ Vinay Singh Resident of Village- Baliya, P.S. Dumariya, Distt.- Gaya 4.

Santu Saw @ Santu Kumar Son of Ashok Saw Resident of Village- Baliya, P.S. Dumariya, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Adv.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 323, 307, 332, 333, 353, 153(A), 295(A), 296, 504, 506 of the IPC. 3.

As per the F.I.R., when the police party tried to pacify a quarrel arose between two community during Muharram procession, the accused persons including the petitioners assaulted the police party due to which they sustained injuries. 4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.29168 of 2024(2) dt.03-07-2024 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case merely on suspicion. There is no specific overt act against the petitioners. The name of petitioners transpired in this case on the basis of statement of the apprehended co-accused persons. Petitioners have no criminal antecedent and some of the co-accused have been granted anticipatory and regular bail by the Court below itself.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, 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 Dumaria P.S. Case No.84 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T