Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5365 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== 1.

Rakesh Kumar S/o Ramvilash Yadav Resident of Vill.- Dayalibigha, P.S.- Goshi (Okary), Distt.- Jehanabad.

2.

Satish Kumar S/o Ramvilash Yadav Resident of Vill.- Dayalibigha, P.S.- Goshi (Okary), Distt.- Jehanabad.

3.

Nitish Kumar S/o Ramvilash Yadav Resident of Vill.- Dayalibigha, P.S.- Goshi (Okary), Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-12-2021 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 188, 147, 148, 149, 341, 323, 332, 333, 337, 338, 353, 427, 307, 379, 186, 216, 223, 224, 269 and 271 of the Indian Penal Code, registered in connection with Goshi (Okari) P.S.Case No. 117 of 2020.

As per the allegation, a medical team went to village

Patna High Court CR. MISC. No.5365 of 2021(2) dt.14-12-2021 2/3 Okari for Covid-19 test. The villagers drove away the medical team without conducting the Covid-19 test. Later on the informant came to know that one Kaushlendra Kumar, who had reached the village from outside, was evading the Covid-19 test. The medical team along with the police party forcibly seated Kaushlendra Kumar in the vehicle for the Covid-19 test which was protested by his family members and the villagers named in the FIR. They also broke the glass of the vehicle. Learned counsel for the petitioners has submitted that considering the nature of allegation, a co-ordinate Bench of this Court has granted anticipatory bail to co-accused Amit Kumar in Cr.Misc. No. 25324 of 2020 under order dated 08.01.2021.

I do not see any reason as to why similar benefit should not be granted to the present petitioners. Considering the above facts and circumstances, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned C.J.M. Jehanabad in connection with Ghoshi (Okari) P.S.Case No. 117 of 2020, subject to the conditions as laid down under Section 438(2) Cr.

Patna High Court CR. MISC. No.5365 of 2021(2) dt.14-12-2021 3/3 P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T