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Patna High CourtCR. MISC./34850/2024bail granted

Ravi Ranjan Kumar v. The State Of Bihar

2024-08-02Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34850 of 2024 Arising Out of PS. Case No.-110 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.

Ravi Ranjan Kumar Son of Satrughan Paswan Resident of Village - Basti Sarsikan, House no. 45, Maszid, Kishunpur Telaur, P.S. - Goraul, DistrictVaishali. 2.

Luv Kumar Son of Rajesh Baitha Resident of Village - Badarhua, P.S. - Goriya Kothi, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gaurav Prakash For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2024 1.

Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 435, 436, 427, 120B of the Indian Penal Code.

3.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and are medical students, who are presently in their third year at D.M.C.H.

4.

The learned counsel for the petitioners submits that the informant alleges that he is a proprietor of a medical shop

Patna High Court CR. MISC. No.34850 of 2024(2) dt.02-08-2024 2/3 where the medical students of D.M.C.H. on a motorcycle came and demanded Maggie, on which informant replied that the same can be purchased from a nearby store namely, Laxmi Kirana Store, thereafter the accused persons again demanded Alprazol tablet, on which the informant replied, it was not available in the shop, thereafter, it is alleged that the medical students started misbehaving and hurling abuses at the informant, it is further alleged that thus students, who had come to the shop went and called other students of D.M.C.H., who came variously armed and thereafter, it is alleged that the shop of the informant was set on fire and some other shops adjacent to the shop of the informant was also damaged and the students started pelting stones when police arrived. It is next alleged that the mob also set on fire the motor vehicles standing near the shop and even threw gas cylinder into the shop which burst with fire causing injury to several persons including the police officials.

5.

The learned counsel for the petitioners submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation against the accused including the petitioners is general and omnibus in nature, no specific role has been attributed to any of the students. It is also submitted that no

Patna High Court CR. MISC. No.34850 of 2024(2) dt.02-08-2024 3/3 doubt, the occurrence has taken place, but whether the petitioners participated in the occurrence or not, is a question of trial and investigation. It is next submitted that entire career would be jeopardized if they are sent to jail. It is also asserted and submitted that petitioners being hostelers and were known to the informant, as such, the informant, out of anger, named the petitioners.

6.

Learned A.P.P. opposes the bail application.

7.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Laheriasarai P. S. Case No.110 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T