Tinku Sah @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44682 of 2021 Arising Out of PS. Case No.-376 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== 1.

TINKU SAH @ RAKESH KUMAR S/O LATE SURENDRA SAH R/o village- Shaheed Prabhu Narain Chowk Murgiya Market, P.S.- Khagariya, District- Khagaria 2.

PERNAV KUMAR S/o Sri Tinku Sah @ Rakesh Kumar R/o villageShaheed Prabhu Narain Chowk Murgiya Market, P.S.- Khagariya, DistrictKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered for the offence under Sections 188, 269, 270, 353, 504, 34 of the Indian Penal Code and Section-3 of Epidemic Diseases Act, 1897.

Allegedly, during lockdown, when the police requested to close their shops, the petitioners protested against the police. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court CR. MISC. No.44682 of 2021(2) dt.22-12-2021 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. During the lockdown, protest against the police was made by the petitioners. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagariya P.S. Case No. 376 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T