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Patna High CourtCR. MISC./43481/2023allowed

Manibhushan Singh @ Manibhushan Prasad v. The State Of Bihar

2023-08-18Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43481 of 2023 Arising Out of PS. Case No.-239 Year-2019 Thana- DHAKA District- East Champaran ====================================================== 1.

Manibhushan Singh @ Manibhushan Prasad Son Of Rama Shankar Singh Resident Of Village- Jhauwaram (JAHUARAM), Ps- Dhaka, Distt- East Champaran 2.

Papu Singh @ Shashi Ranjan Singh Son Of Lal Bahadur Singh Resident Of Village- Jhauwaram (JAHUARAM), Ps- Dhaka, Distt- East Champaran 3.

Madhu Sah @ Arjun Kumar Son Of Sogarath Sah Resident Of VillageJhauwaram (JAHUARAM), Ps- Dhaka, Distt- East Champaran 4.

Suresh Kumar @ Suraj Sah Son Of Bhola Sah Resident Of VillageJhauwaram (JAHUARAM), Ps- Dhaka, Distt- East Champaran 5.

Ranjeet Kumar Son Of Rudal Sah Resident Of Village- Jhauwaram (JAHUARAM), Ps- Dhaka, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 332, 353 and 504 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, a bus met an accident near Jauwa More and overturned as a result of which several persons got injured. Police personnel reached there and send the injured to hospitals by ambulance. In the meantime, some

Patna High Court CR. MISC. No.43481 of 2023(2) dt.18-08-2023 2/3 antisocial elements reached there and started raising slogans and pelting upon the police personnel and created hindrance in discharging the official duties of the police personnel.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that similarly situated other co-accused person has already been granted bail by a bench of this Court vide order dated 18.10.2022 passed in Cr. Misc. No. 27620/2022. He further submits that petitioner no.1 has got two criminal antecedents, petitioner no.2 has got six criminal antecedents and rest of the petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is general and omnibus allegations levelled against the petitioners, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.43481 of 2023(2) dt.18-08-2023 3/3 anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Dhaka P.S. Case No.239/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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