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Patna High CourtCR. MISC./54438/2022allowed

Deepak Kumar v. The State Of Bihar

2022-12-13Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53236 of 2022 Arising Out of PS. Case No.-52 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== GAURAV KUMAR @ NEPO SINGH S/o Nand Kishore Singh R/o villageKhamhar, P.S.- Mufassil, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 54438 of 2022 Arising Out of PS. Case No.-52 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

DEEPAK KUMAR Son of Dinesh Singh Resident of Village - Khamhar, P.s.- Muffasil, Distt.- Begusarai.

2.

Hirni Kumar @ Murari Kumar @ Murari @ Hirni Son of Late Ram Ratan Singh Resident of Village - Khamhar, P.s.- Muffasil, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 53236 of 2022) For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh (In CRIMINAL MISCELLANEOUS No. 54438 of 2022) For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

Patna High Court CR. MISC. No.53236 of 2022(2) dt.13-12-2022 2/3 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defect(s), as pointed out by the office, within four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 387, 353, 332 & 504 of the Indian Penal Code. The petitioners in association of several named and unnamed accused persons are said to have blocked the road and they also assaulted the police party.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, the petitioners were member of the mob. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case, let the above named petitioners, 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

Patna High Court CR. MISC. No.53236 of 2022(2) dt.13-12-2022 3/3 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 Mufassil P.S. Case No.52 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T