Dharamveer @ Dharamveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66490 of 2021 Arising Out of PS. Case No.-411 Year-2021 Thana- MALSALAMI District- Patna ====================================================== 1.

DHARAMVEER @ DHARAMVEER KUMAR Son of Tunnu Rai @ Tunnu Gope Resident of Mohalla - Marufganj, Near Mushari Nahar, P.S. - Malsalami, District - Patna.

2.

Ranvir @ Ranvir Kumar Son of Tunnu Rai @ Tunnu Gope Resident of Mohalla - Marufganj, Near Mushari Nahar, P.S. - Malsalami, District - Patna.

3.

Rinku Kumar @ Rinku Gope Son of Tunnu Gope Resident of Mohalla - Marufganj, Near Mushari Nahar, P.S. - Malsalami, District - Patna. 4.

Tinku Kumar @ Tinku Gope Son of Tunnu Gope Resident of Mohalla - Marufganj, Near Mushari Nahar, P.S. - Malsalami, District - Patna. 5.

Tunnu Gope Son of Late Shivnandan Gope Resident of Mohalla - Marufganj, Near Mushari Nahar, P.S. - Malsalami, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishan Jha For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2022 At the outset of argument learned counsel for the petitioners seeks permission to withdrawn the anticipatory bail petition of petitioner No.3, Rinku Kumar @ Rinku Gope. Prayer is allowed.

This anticipatory bail petition is dismissed as withdrawn against petitioner No.3.

Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered

Patna High Court CR. MISC. No.66490 of 2021(2) dt.19-07-2022 2/3 for the offence punishable under Section 323, 354, 506 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, all the FIR named accused persons, including these petitioners, pelted stones and bricks on police party causing injuries to some of the police personnel and forcibly got released two accused from the police custody.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. There general and omnibus allegation against the petitioners. Similarly situated accused Kalawati Devi and others have already been granted pre arrest bail by this court vide order dated 12.07.2022 passed in Cr. Misc. No. 63019/2021. Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that petitioners No.4 and 5 have got criminal antecedent.

Taking into consideration the fact that petitioners No. 4 and 5 have got criminal antecedent, their prayer for anticipatory bail is rejected.

Considering the facts of the case and clean antecedent of the petitioners No. 1 & 2, let the petitioners No. 1 & 2, above named, in the event of their arrest/ surrender within a period of

Patna High Court CR. MISC. No.66490 of 2021(2) dt.19-07-2022 3/3 six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Patna City, Patna in connection with Malsalami PS case No. 411/2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T