Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50043 of 2021 Arising Out of PS. Case No.-245 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== 1.

SANJEEV KUMAR S/O Raghunath Shastry R/O Village Majhariya Kishun, P.S. - Jagdishpur, District - West Champaran. 2.

AMRENDER PRASAD @ AMRENDRA PRASAD @ AMRENDRA KUMAR S/o Late Bhulan Mahato R/O Village Majhariya Kishun, P.S. - Jagdishpur, District - West Champaran.

... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 332, 333, 328, 325, 504, 307, 267, 353, 268, 269, 270, 271 and 188 of the Indian Penal Code.

The allegation against these petitioners is that they

Patna High Court CR. MISC. No.50043 of 2021(2) dt.29-04-2022 2/3 along with several other co-accused are said to have created obstruction in discharge of official duties of the police. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case by the police to save their own skin. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The story regarding sustaining injury by the members of the police party appears to be mere super addition inasmuch as that the informant has not stated as to what injury have sustained. Similarly situated co-accused, namely, Bigu Sah and Shailesh Mahto have been enlarged on bail by this court vide order dated 17.01.2022 and 21.03.2022 passed in Cr. Misc. Nos.

24972 of 2021 and 39462 of 2021 respectively. 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 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nautan (Jagdishpur) P.S. Case No.

Patna High Court CR. MISC. No.50043 of 2021(2) dt.29-04-2022 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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