Nitesh Kumar @ Nitesh Patel @ Nitesh Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40384 of 2023 Arising Out of PS. Case No.-108 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== 1.

Nitesh Kumar @ Nitesh Patel @ Nitesh Kumar Patel Son Of Sadhu Patel Resident Of Ward No 5, Lalparsa, P.S. - Sugauli, District - East Champaran (BIHAR) - 845456 2.

Wakil Kumar @ Wakil Sahni Son Of Chokat Sahni Resident Of Ward No.3, Lalparsa, P.S. - Sugauli, District - East Champaran (BIHAR) - 845456 3.

Sumit Singh @ Sumit Kumar Singh Son Of Shyam Kishor Singh @ Dhirendra Singh Resident Of Ward No.5, Lalparsa, P.S. - Sugauli, District - East Champaran (BIHAR) - 845456 4.

Rohit Kumar @ Rohit Patel Son Of Dhorai Prasad @ Dhorai Patel Resident Of Ward No.5, Lalparsa, P.S. - Sugauli, District - East Champaran (BIHAR) - 845456 5.

Chandan Kumar Son Of Amerika Sah @ Ambika Sah Resident Of Ward No.4, Sukulpakad, P.S. - Sugauli, District - East Champaran (BIHAR) - 845456 6.

Chabilal Kumar @ Chabilal Sahani @ Chabila Sahani Son Of Himanchal Sahani @ Dhela Sahani Resident Of Ward No.3, Sukulpakar, P.S. - Sugauli, District - East Champaran (BIHAR) - 845456 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Purushottam Kumar Jha, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Sugauli P.S. Case No. 108 of 2023 registered for the offences punishable under Sections 147, 149, 353 and 290 of the Indian Penal Code read with Sections 3⁄4 of the Damage to

Patna High Court CR. MISC. No.40384 of 2023(2) dt.02-08-2023 2/3 Public Property Act.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that accused persons, including the petitioners, along with 50-60 unknown were protesting the arrest of Manish Kashyap and damaged public property and burnt tyres and thus obstructed the police in discharge of their official duty.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR it would manifest that the allegation is general and omnibus in nature and no specific allegation is alleged against any of the petitioners.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. 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 from today, be released on anticipatory bail on furnishing bail bonds 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

Patna High Court CR. MISC. No.40384 of 2023(2) dt.02-08-2023 3/3 the case is pending/successor court in connection with Sugauli P.S. Case No. 108 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T