Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28397 of 2022 Arising Out of PS. Case No.-144 Year-2020 Thana- LAHERIMUHALLA District- Nalanda ====================================================== 1.

RAJU KUMAR Son of Rajkumar Resident of Village - Ashanagar (Sangat Tola), P.S.- Sohsarai, District - Nalanda.

2.

Umesh Kumar Son of Neeru Mahto Resident of Village - Ashanagar (Sangat Tola), P.S.- Sohsarai, District - Nalanda.

3.

Chunni Lal Son of Late Churaman Mahto @ Churayan Mahto Resident of Village - Ashanagar (Sangat Tola), P.S.- Sohsarai, District - Nalanda. 4.

Amod Kumar Son of Jamuna Mahto Resident of Village - Ashanagar (Sangat Tola), P.S.- Sohsarai, District - Nalanda. 5.

Naresh Kumar Son of Late Alam Mahto Resident of Village - Ashanagar (Sangat Tola), P.S.- Sohsarai, District - Nalanda. 6.

Suraj Kundu @ Suraj Kandu @ Suraj Kanu Son of Rameshwar Kundu @ Rameshwar Kandu @ Rameswar Kanu Resident of village - Ashanagar Barhay Tola, P.S.- Sohsarai, District - Nalanda. 7.

Anil Gope Son of Late Jhabar Gope Resident of village - Ashanagar Nadipar, P.S.- Sohsarai, District - Nalanda.

8.

Bablu Kumar @ Laxman Prasad Son of Deena Nath Mahto @ Dina Nath Prasad Resident of Village - Singarhatt, P.S.- Sohsarai, District - Nalanda. 9.

Tinku Kumar @ Bhartendu Kumar Son of Jay Ram Prasad Resident of Village - Singarhatt, P.S.- Sohsarai, District - Nalanda. 10.

Shailesh Kumar Son of Shivcharan Prasad Resident of Village - Singarhatt, P.S.- Sohsarai, District - Nalanda.

11.

Vikki Kumar Son of Nathun Mahto @ Nathu Mahto Resident of Village - Singarhatt, P.S.- Sohsarai, District - Nalanda. 12.

Munni Kumar @ Amarjeet Kumar Son of Nandlal Prasad @ Nandu Mahto Resident of Village - Singarhatt, P.S.- Sohsarai, District - Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2022 Heard both sides.

The petitioners apprehend their arrest in connection

Patna High Court CR. MISC. No.28397 of 2022(2) dt.06-09-2022 2/3 with Laheri P.S. Case No.144 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 504, 506, 427, 109, 188, 269, 270, 271, 332, 353 and 307 of the Indian Penal Code, Sections 3⁄4 of the Damage of Public Property Act and Section 51 of the National Disaster Management Act, 2005.

Petitioners in association of 53 named and three to four hundred unnamed persons are said to have damaged the police vehicles and created obstruction in discharging the official duty.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners were present at the place of occurrence as members of the mob. It is also submitted that similarly situated other co-accused persons have already been enlarged on anticipatory bail vide order dated 17.08.2022, passed in Cr. Misc. No.17025 of 2022 and Cr. Misc. No.17027 of 2022. Learned APP for the State opposed the prayer for

Patna High Court CR. MISC. No.28397 of 2022(2) dt.06-09-2022 3/3 anticipatory bail of the petitioners.

Taking into consideration the facts and circumstances of the case, let petitioners, above named, 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 bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Bihar Sharif in connection with Laheri P.S. Case No.144 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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