Rahul Singh @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55600 of 2021 Arising Out of PS. Case No.-239 Year-2021 Thana- BODHGAYA District- Gaya ====================================================== 1.

RAHUL SINGH @ RAHUL KUMAR SON OF DILIP SINGH @ DILIP KUMAR R/O VILLAGE- SURYAPURA, P.S.- BODHGAYA, DISTRICTGAYA 2.

DILIP SINGH @ DILIP KUMAR SON OF NARESH SINGH @ RAM NARESH SINGH R/O VILLAGE- SURYAPURA, P.S.- BODHGAYA, DISTRICT- GAYA 3.

RAJPAL PASWAN @ RAMADHAR PASWAN SON OF NANDLAL PASWAN R/O VILLAGE- SURYAPURA, P.S.- BODHGAYA, DISTRICTGAYA ... ... Petitioners.

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

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, 341, 323, 353, 333, 337, 338, 427, 504 and 506 of the

Patna High Court CR. MISC. No.55600 of 2021(3) dt.13-10-2022 2/3 Indian Penal Code.

When the police personnel have gone to the place of occurrence to pacify a quarrel, which has taken place between two groups, they have met with brick batting by the quarreling groups.

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. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that 5 named and 10-15 unnamed persons have been made accused from both sides, based on statements of villagers and local Chaukidar. The implication inspires no confidence whatsoever and is based on suspicion. Similarly situated co-accused, namely,Dipak Kumar @ Dipak Singh has been enlarged on bail by a co-ordinate bench of this court vide order dated 01.06.2022 passed in Cr. Misc. No. 58039 of 2021. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

Patna High Court CR. MISC. No.55600 of 2021(3) dt.13-10-2022 3/3 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 Bodh-Gaya P.S. Case No.239 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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