Madhusudan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1405 of 2021 Arising Out of PS. Case No.-603 Year-2019 Thana- MANER District- Patna ====================================================== 1.
MADHUSUDAN KUMAR S/o Late Shoukin Rai @ Narvdeshwar Singh Resident of Village-Mehinawa, P.S-Maner, District-Patna. 2.
SANTOSH KUMAR @ SANTOSH KUMAR SINGH S/o Late Shoukin Rai @ Narvdeshwar Singh Resident of Village-Mehinawa, P.S-Maner, DistrictPatna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Kumar Singh For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 332, 353, 338 and 504 of the Indian Penal Code. The prosecution allegation, in short, is that while the informant along with police party was on patrolling duty, as soon as they received at the place of occurrence for maintaining law and order, the members of two gangs started assaulted the
Patna High Court CR. MISC. No.1405 of 2021(2) dt.26-07-2021 2/3 police party with lathi and danda and also pelted stones on them due to which they sustained injuries.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Altogether 24 known persons along with 3035 unknown persons have been made accused in the present case.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances and also the lockdown, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Judicial Magistrate, Danapur, Patna in connection with Maner P.S. Case No. 603 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall
Patna High Court CR. MISC. No.1405 of 2021(2) dt.26-07-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T