Guddu Kumar @ Guddu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54986 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== 1.

Guddu Kumar @ Guddu Mahto S/o Shivji Mahto R/o vill - Aahamadpur, P.S. - Baligaon, Distt. - Vaishali 2.

Vilash Sahani @ Ramvilash Sahani S/o Late Shivam Sahani R/o vill - Aahamadpur, P.S. - Baligaon, Distt. - Vaishali 3.

Rahul Kumar S/o Amrit Sahani R/o vill - Aahamadpur, P.S. - Baligaon, Distt. - Vaishali 4.

Vinod Kumar @ Latur S/o Narayan Sahani R/o vill - Aahamadpur, P.S. - Baligaon, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Adv.

Mr. Rajeev Ranjan No. II, Adv.

For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioners no. 2 and 4 submitting that during pendency of this application the petitioners no. 2 and 4 have already been apprehended by the police.

3. Permission is granted.

4. Accordingly, this application with regard to petitioners no. 2 and 4 is dismissed as withdrawn.

Patna High Court CR. MISC. No.54986 of 2024(2) dt.04-09-2024 2/3

5. Now, this application is being heard only with regard to petitioners no. 1 and 3.

6. Heard learned counsel for the petitioners and learned A.P.P. for the State.

7. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 188, 294, 323, 324, 341, 353 of the Indian Penal Code and Section 3 of the Bihar Control of the Use and Play of Loud Speakers Act, 1955.

8. As per the prosecution case, the petitioners along with other co-accused persons are said to have attacked on the police team.

9. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that no police person got injured in the present case. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

10. Learned APP for the State opposes prayer for anticipatory bail.

11. Having regard to the facts and circumstances of

Patna High Court CR. MISC. No.54986 of 2024(2) dt.04-09-2024 3/3 the case, let the above named petitioners no. 1 and 3, 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 lower Court where the case is pending/successor Court in connection with Baligaon P.S. Case No.13 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

12. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) anand/- U T