Ankit Kumar @ Ankit Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44442 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

ANKIT KUMAR @ ANKIT KUMAR NIRALA S/O MALU YADAV @ RAJESH YADAV R/o village- Budhgere, P.S.- Muffasil, District- Gaya 2.

Malu Yadav @ Rajesh Yadav S/o Sobhi Yadav R/o village- Budhgere, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 325, 307, 353, 332, 333, 427, 435, 504, 506, 337 and 338 of the Indian Penal Code.

Allegedly, due to death of one Bittu Saw, 44 persons along with 500 unknown, including the petitioners, made

Patna High Court CR. MISC. No.44442 of 2021(2) dt.21-06-2022 2/3 protest. When police personnel reached there then mob of several persons, including the petitioners, attacked on Police party in which members of Police parties sustained injury. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners have two criminal antecedent and similarly situated co-accused namely Gopali Saw @ Gopal Saw and six others have been allowed privilege of anticipatory bail by a coordinate Bench of this Court on 23.06.2021 vide Cr. Misc.41151 of 2020 and Pramod Kumar @ Pramod Mahto has been granted anticipatory bail vide Cr. Misc. No.40966 of 2020 dated 30.07.2021.

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

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

Patna High Court CR. MISC. No.44442 of 2021(2) dt.21-06-2022 3/3 sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Muffasil P.S. Case No.100 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T