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Patna High CourtCR. MISC./46301/2023allowed

Vaibhav Singh @ Vaibhav Kumar v. The State Of Bihar

2023-08-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46301 of 2023 Arising Out of PS. Case No.-133 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

VAIBHAV SINGH @ VAIBHAV KUMAR SON OF THAKUR RANJEET SINGH @ RAJO SINGH RESIDENT OF VILLAGE AND POLICE STATION - BANMANKHI, DISTRICT - PURNIA 2.

ROHAN SONI @ ROHAN KUMAR SWARNKAR SON OF KAPILDEV SONI ALIAS SAKALDEEP PRASAD SWARNKAR RESIDENT OF VILLAGE AND POLICE STATION - BANMANKHI, DISTRICT - PURNIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Rashmi For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307, 427, 153, 153A, 353 and other allied Sections of the Indian Penal Code.

3. Allegedly, the police got information that some villagers have caught a person with 1-2 kg of prohibited meat. On this information, the police party reached at the spot and rescued one Md. Murshid from the possession of the aggressive villagers. It is alleged that when the police party along with Md.

Patna High Court CR. MISC. No.46301 of 2023(2) dt.24-08-2023 2/3 Murshid proceeded for police station, 10-15 persons including the petitioners attacked them due to which they sustained injuries. It is also alleged that they damaged the police vehicles.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in 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 overt act against the petitioners. The injury report of the injured persons did not supported the prosecution case. Petitioners have no criminal antecedent.

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

6. Having regard to the facts and circumstances of the case as there is general and omnibus allegation against the petitioner, 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

Patna High Court CR. MISC. No.46301 of 2023(2) dt.24-08-2023 3/3 Court in connection with Barhara P.S. Case No.133 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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