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Patna High CourtCR. MISC./40043/2022allowed

Chandrakant Singh @ Chandra Kant Singh v. The State Of Bihar

2022-11-22Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40043 of 2022 Arising Out of PS. Case No.-499 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

CHANDRAKANT SINGH @ CHANDRA KANT SINGH S/O DILIP KUMAR SINGH @ DILIP SINGH Resident of village- Gausa (Gausa Ghat), P.S.- Sadar, District- Darbhanga.

2.

SHIVKANT SINGH @ SHIVKANT NIRALA @ SHIV KANT SINGH @ SHIV KANT NIRALA S/O DILIP KUMAR SINGH Resident of villageGausa (Gausa Ghat), P.S.- Sadar, District- Darbhanga. 3.

KAMLESH YADAV @ KAMLESH KUMAR YADAV S/O DHANIKLAL YADAV @ DHANIK LAL YADAV Resident of village- Gausa (Gausa Ghat), P.S.- Sadar, District- Darbhanga.

4.

KAMLESH YADAV @ KAMLESH KUMAR S/O SUBODH KUMAR @ SUBODH YADAV Resident of village- Gausa (Gausa Ghat), P.S.- Sadar, District- Darbhanga.

5.

NIRANJAN YADAV @ NIRANJAN KUMAR YADAV S/O BHARAT LAL YADAV @ BHARAT YADAV Resident of village- Gausa (Gausa Ghat), P.S.- Sadar, District- Darbhanga.

6.

CHUNCHUN YADAV @ RAJESH KUMAR YADAV S/O LALLU YADAV @ LALU YADAV Resident of Mohalla.- Laxmi Sagar, P.S.- Sadar, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13, Adv.

For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

Petitioners apprehend their arrest in a case registered for

Patna High Court CR. MISC. No.40043 of 2022(2) dt.22-11-2022 2/3 offence punishable u/s 147, 149, 283, 341, 353 IPC. Allegedly, the accused persons named in F.I.R. including the petitioners blocked the road near Khutwara Chowk by bamboo, bench & burning the tayar. They also protested against the administration which caused inconvenience to the public.

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. It is further submitted that there is general and omnibus allegation against the petitioners. There is no allegation that petitioners had assaulted anyone. No specific role is attributed against the petitioners. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no overt act against the petitioners, 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 sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.40043 of 2022(2) dt.22-11-2022 3/3 learned court below where the case is pending/Successor Court in connection with Darbhanga Sadar P.S. Case No.499 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T