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Patna High CourtCR. MISC./52234/2021partly allowed disposal

Anant Kumar Anant @ Anant Kumar Anand v. The State Of Bihar

2022-05-09Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52234 of 2021 Arising Out of PS. Case No.-123 Year-2021 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.

Anant Kumar Anant @ Anant Kumar Anand Son Of Ishwar Dayal Rai R/O Village- Dayalpur, P.S.- Rajapakar (Baranti O.P.), District- Vaishali 2.

Jiten Rai @ Jitendra Rai @ Jitendra Kumar Son Of Shivjee Lal Rai R/O Village- Dayalpur, P.S.- Rajapakar (Baranti O.P.), District- Vaishali 3.

Bhushan Kumar @ Bhushan Kumar Sah Son Of Moti Sah R/O VillageDayalpur, P.S.- Rajapakar (Baranti O.P.), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2022 Learned counsel for the petitioners submits that the petitioner no. 1 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 1.

Permission is granted.

Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 1.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State for consideration of bail with regard to rest of the petitioners.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of

Patna High Court CR. MISC. No.52234 of 2021(2) dt.09-05-2022 2/3 non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 324, 307, 353, 504/506 of the Indian Penal Code. 50-60 persons including the petitioners came at the place of occurrence, surrounded the police party and attacked on the police force by way of pelting bricks and stone. It is further alleged in the FIR that due to said attack made by the accused persons, some police personnel got injured. It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is no specific allegation against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six

Patna High Court CR. MISC. No.52234 of 2021(2) dt.09-05-2022 3/3 weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Rajapakar (Baranti O.P.) P.S. Case No. 123 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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