Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58545 of 2021 Arising Out of PS. Case No.-121 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== 1.

SUNIL KUMAR Son of Gorakh Sah Resident of Village - Jamuniya, P.S.- Jagdishpur, District - West Champaran.

2.

Abhay Kumar Son of Ram Pukar Prasad Resident of Village - Jamuniya, P.S.- Jagdishpur, District - West Champaran.

3.

Ranjeet Sah Son of Dhup Sah Resident of Village - Jamuniya, P.S.- Jagdishpur, District - West Champaran.

4.

Sanjay Prasad Son of Amar Prasad Resident of Village - Jamuniya, P.S.- Jagdishpur, District - West Champaran.

5.

Bhoj Sah Son of Chathu Sah Resident of Village - Jamuniya, P.S.- Jagdishpur, District - West Champaran.

6.

Vidhya Bhushan Shastri Son of Ramakant Shastri Resident of Village - Jamuniya, P.S.- Jagdishpur, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Nautan P.S. Case no. 121 of 2019 instituted for the offence punishable under Sections 188, 190, 384 and 34 of the Indian Penal Code and Section 9 of the Bihar Control of use and play of Loudspeaker Act.

Prosecution case relates to playing loudspeaker in loud volume and some accused persons are forcefully taking

Patna High Court CR. MISC. No.58545 of 2021(4) dt.11-07-2022 2/2 money from the passengers of the road by stopping them. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have got no criminal antecedent. Petitioners are said to be the member of mob. General and omnibus allegations have been levelled against them.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Nautan P.S. Case no. 121 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, West Champaran at Bettiah subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U