Guddu Kumar @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56417 of 2023 Arising Out of PS. Case No.-151 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.
Guddu Kumar @ Rahul Kumar Son Of Rajendra Sharma Resident Of Village- Chilmil, Ps- Muffasil, Distt- Begusarai 2.
Raunak Kumar @ Raunak Kumar Sharma Son Of Rajendra Sharma Resident Of Village- Chilmil, Ps- Muffasil, Distt- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar, Advocate For the Sate :
Mr.Mukesh Kumar Singh, APP For OP No.2 :
Mr. Shrikant Sharan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-08-2023 1.
Heard the learned counsel for the petitioners and learned APP for the State.
2.
This is an application for grant of anticipatory bail in connection with Muffasil P.S. Case No.151 of 2023, registered for offences under Sections 341, 323, 353, 504/34 of the IPC.
3.
The allegation is regarding the informant having constituted a team for recovery of outstanding dues of the electricity department and when they were on the collection drive as also were disconnecting the electric line on account of non-payment of the electricity dues and had reached near the house of one Pinky Devi, on the
Patna High Court CR. MISC. No.56417 of 2023(2) dt.30-08-2023 2/3 alleged date and time of occurrence, the accused persons had engaged in scuffle with the informant and others.
4.
The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that a general and omnibus allegation has been levelled against the accused persons and as far as the petitioners are concerned, they have not been alleged to have engaged in any sort of overtact. It is further submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by a coordinate Bench of this Court, vide order dated 02.08.2023, passed in Cr. Misc. No.41951 of 2023. 5.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
6.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the
Patna High Court CR. MISC. No.56417 of 2023(2) dt.30-08-2023 3/3 parties and taking into account the materials available on record as also considering the parity of the case of the petitioners herein with that of coaccused persons, who have already been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail. 7.
Accordingly, the above named petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Muffasil P.S. Case No.151 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) kanchan/- U T