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Patna High CourtCR. MISC./30524/2020bail granted

Satish Kumar @ Satish Das v. The State Of Bihar

2021-02-24Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30524 of 2020 Arising Out of PS. Case No.-463 Year-2019 Thana- RAMPUR District- Gaya ====================================================== 1.

SATISH KUMAR @ SATISH DAS S/o Rajendra Kumar Das Resident of Village-Cherki, P.S.-Cherki, District-Gaya.

2.

Omair Khan @ Tikka Khan S/o Kahyar Hussain Khan Resident of MohallaAliganj, Police Station-Civil Line and District-Gaya. 3.

Wasim Naiyar S/o Nasimuddin Resident of Mohalla-New Karimganj, P.S.- Civil Line and District-Gaya.

4.

Shamshir Khan S/o Alamgir Khan Resident of Mohalla-Aliganj, P.S.-Civil Line and District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-02-2021 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Rampur P.S.Case no. 463 of 2019, registered under sections 147, 148, 149, 323, 341, 427, 353, 332, 188, 290 and 337 of the Indian Penal Code, section 3/4 of the Prevention of Damage to Public Property Act, 1984.

As per allegation in the F.I.R., it is stated that in protest to the incident at Jamia Milia University a procession

Patna High Court CR. MISC. No.30524 of 2020(3) dt.24-02-2021 2/3 with 'Mashaal' was taken out by over 100 persons including ten named which included the petitioners herein.

It is submitted by learned counsel for the petitioners that the allegations as levelled in the FIR are false and concocted. They have been falsely implicated in the case along with hundreds of others. No specific overt-act has been alleged against them and they have been enlarged on anticipatory bail in Civil Line P.S. Case no.564 of 2019 vide order dated 22.01.2021 passed in Cr. Misc. no. 29625 of 2020.

The application for bail is opposed by the learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations together with the submissions made on behalf of the petitioners, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender in connection with Rampur P.S.Case no. 463 of 2019, they will be enlarged on bail on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under

Patna High Court CR. MISC. No.30524 of 2020(3) dt.24-02-2021 3/3 section 438(2) of the Code of Criminal Procedure. (Partha Sarthy, J) B.Kr./- U T