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Patna High CourtCR. MISC./45847/2022allowed

Deepak Patel @ Pankaj Kumar v. The State Of Bihar

2022-12-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45847 of 2022 Arising Out of PS. Case No.-460 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== 1.

DEEPAK PATEL @ PANKAJ KUMAR S/O LATE BANARASHI PATEL Resident of Village- Nawka Tola, P.S.- Bettiah Muffasil, District- West Champaran.

2.

MUKESH PATEL @ RUPESH KUMAR S/O AWADH KISHOR PRASAD Resident of Village- Nawka Tola, P.S.- Bettiah Muffasil, District- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Gupta For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 353, 427, 279, 337, 338, 504, 506, 188, 269, 270, 271 of the Indian Penal Code and 3 of Epidemic, Diseases Act, 1897.

It is submitted by learned counsel for the petitioners that petitioner is quite innocent and has committed no offence. They have been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.45847 of 2022(2) dt.01-12-2022 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific evidence against the petitioners. He further submits that there is no specific overt act against the petitioners. Petitioners are the members of mob. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioners, 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 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 Bettiah Muffasil P.S. Case No.460 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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