Shiv Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11492 of 2021 Arising Out of PS. Case No.-251 Year-2020 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

Shiv Shankar Kumar, Son of Lalan Rawat, Resident Of Village- Chitauli, P.S- Guaraiya Kothi, District- Siwan.

2.

Mithun Kumar, Son of Jitan Rawat, Resident of Village- Newari Pipra, P.SBarauli, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Y.C. Verma, Sr. Adv.

: Mrs.Priyanka Singh, Adv.

For the Opposite Party/s :

Mr.Kr.Ranjeet Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2021 Heard learned senior counsel for the petitioners and learned APP for the State through virtual court proceedings. Learned senior counsel for the petitioners undertake to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 341, 307, 353, 332, 333, 504, 506, 324, 325 of the Indian Penal Code.

As per the prosecution case, 41 named accused persons including these petitioners and 150-200 unknown persons attacked the police party and also prevented them from

Patna High Court CR. MISC. No.11492 of 2021(2) dt.28-06-2021 2/2 discharging their official duty.

Learned senior counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. There is no specific overt act against the petitioners. From perusal of the FIR, it is clearly evident that the petitioners were not carrying any weapons. The allegation against the petitioners is that they are only member of the mob. The petitioners are languishing in judicial custody since 22.09.2020. The petitioners have got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioners.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each in connection with G.B. Nagar P.S. Case No. 251/2020 to the satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T