Naveen Kumar Gaurav @ Naveen Kumar Singh @ Naveen Gaurav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43994 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- TANDWA District- Aurangabad ====================================================== 1.
Naveen Kumar Gaurav @ Naveen Kumar Singh @ Naveen Gaurav S/O Ramashish Singh Resident Of Village- Mishridhura, P.S.- Tandwa, DistrictAurangabad. 2.
Manoj Singh S/O Javaheer Singh Resident of village- Mishridhura, P.S.- Tandwa, District- Aurangabad.
3.
Ramashish Singh @ Ram Ashish Singh S/O Late Mukhdeo Singh Resident of village- Mishridhura, P.S.- Tandwa, District- Aurangabad. 4.
Ashok Singh S/O Late Mukhdeo Singh Resident of village- Mishridhura, P.S.- Tandwa, District- Aurangabad.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Tandwa P.S. Case no. 41 of 2022 instituted for the offence under Sections 341, 323, 506, 353, 186, 34 of the Indian Penal Code.
As per allegation in the FIR, petitioners along with other co-accused persons have created hindrance to the police party in discharging the official duty when they reached at
Patna High Court CR. MISC. No.43994 of 2022(2) dt.14-12-2022 2/3 village Misri Pura to raid a house in search of liquor as they get secret information of storage and sell of illicit liquor by the FIR named accused persons. It is further alleged that accused persons by applying force upon police party succeeded in get free from their clutches accused Ashok Singh. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. General and omnibus allegations have been levelled against them. He was only the member of the mob. He has got no criminal antecedent. Injury received by the injured is simple in nature. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Tandwa P.S. Case no. 41 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.43994 of 2022(2) dt.14-12-2022 3/3 satisfaction of learned A.C.J.M.- VII Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T