Ujjwal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45267 of 2022 Arising Out of PS. Case No.-204 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== 1.

UJJWAL KUMAR Son of Late Umesh Prasad Singh R/v- Pansalwa, P.SBeldaur, Dist- Khagaria 2.

Dilkhush Kumar @ Navnit Kumar Son of Late Naresh Prasad Singh R/vPansalwa, P.S- Beldaur, Dist- Khagaria ... ... Petitioners.

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Kishor Poddar For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN C.A.V. ORDER 23-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defect(s), as pointed out by the office, within four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 188, 269, 270 and 353 of the Indian Penal Code. All the F.I.R. named accused including these petitioners and 150-200 unknown persons are said to have created obstruction in the discharge of official duty of police personnel. They also misbehaved with them. The reason behind the occurrence is said to be that they wanted to free the arrested

Patna High Court CR. MISC. No.45267 of 2022(4) dt.23-12-2022 2/3 accused Amrit Baharti from the police custody. 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 entire prosecution case is false and concocted. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that all sections re bailable except Section 353 IPC. It is also submitted that petitioners are Mazdoor persons and their enemies are trying to send them jail only with a view to harass them. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Vide order dated 01.12.2022 an explanation was called for from the learned District and Sessions Judge, Khagaria, which has been received.

Perused the explanation submitted by the District and Sessions Judge. For the reasons assigned therein, the explanation is accepted.

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 within a period of six weeks from today, on furnishing bail bond

Patna High Court CR. MISC. No.45267 of 2022(4) dt.23-12-2022 3/3 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 Beldour P.S. Case No.204 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T