Nanhe Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38618 of 2020 Arising Out of PS. Case No.-191 Year-2020 Thana- JOGAPATTI District- West Champaran ====================================================== 1.

Nanhe Alam, aged about 20 years, male, Son of Anwar Alam. 2.

Anwar Alam, aged about 51 years, male, Son of Ahmad Alam. Both are resident of Gora Bintolia, Shanichari, P.S.- Yogapatti (Shanichari), District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-04-2021 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Yogapatti (Sanichari) P.S. Case No. 191 of 2020, dated 21.05.2020, instituted for the offences under Sections 353, 269, 270 and 504/34 of the Indian Penal Code and Section 3 of the Epidemic Act. It appears from the F.I.R. that the police party was

Patna High Court CR. MISC. No.38618 of 2020(2) dt.17-04-2021 2/3 prevented from ensuring COVID-19 protocol and the petitioners and several others manhandled the police personnel.

The learned counsel for the petitioners has submitted that an absolutely false accusation has been made. In fact, the petitioner No. 2 is the Mukhiya of Bahuarwa Gram Panchayat, whereas the petitioner No. 1 is the son of petitioner No. 2. They have been made accused only with a view to tarnish their image. In fact, the petitioners were lending ears to the grievances of the people against the police party and, therefore, they have been made accused in this case.

The petitioners have clean antecedents and the injuries suffered by some of the victims are opined to be simple in nature.

Regard being had to the facts afore-stated, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.38618 of 2020(2) dt.17-04-2021 3/3 Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Yogapatti (Sanichari) P.S. Case No. 191 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T