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Patna High CourtCR. MISC./49732/2023allowed

Subodh Ram v. The State Of Bihar

2023-08-11Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49732 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- PATAHI District- East Champaran ====================================================== 1.

Subodh Ram, aged about 39 years (M) Son of Late Sakhichan Ram, Resident of Village Bokane Kala, PS- Patahi, District- East Chamaran 2.

Pramod Paswan, aged about 35 years (M) Son of Surendra Paswan, Resident Of Village Bokane Kala, PS- Patahi, District- East Chamaran 3.

Radheshyam Paswan, aged about 25 years (M), Son of Surendra Paswan Resident of Village Bokane Kala, PS- Patahi, District- East Chamaran 4.

Sanny Kumar @ Pramod Ram, aged about 29 years (M), Son of Late Sakhichan Ram, Resident of Village Bokane Kala, PS- Patahi, District- East Chamaran 5.

Manoj Paswan, aged about 29 years (M), Son of Late Binda Paswan Resident of Village Bokane Kala, PS- Patahi, District- East Chamaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the State :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Patahi P.S. Case No. 113 of 2023 dated 15.04.2023 instituted under Sections 147, 148, 149, 224, 225, 341, 353, 427, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.49732 of 2023(2) dt.11-08-2023 2/3

3. The allegation against the petitioners is that 40-50 persons including these petitioners started scuffling and pelting stone on the police party and rescued two persons and, thus, they caused hindrance in performing the official duty of the informant and police party.

4. Learned counsel for the petitioners submits that the accused persons are innocent and have not committed any offence. They have been falsely implicated in this case on the basis of suspicion. The petitioners have not caused any hindrance in performing the official duty of any Government servant. The police force has not sustained any injury. The petitioners have no criminal antecedent. There is general and omnibus allegation against the petitioners.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of their arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in

Patna High Court CR. MISC. No.49732 of 2023(2) dt.11-08-2023 3/3 Patahi P.S. Case No. 113 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) P. Kumar U T