Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56534 of 2022 Arising Out of PS. Case No.-153 Year-2022 Thana- ARIYARI District- Sheikhpura ====================================================== 1.

Satyendra Kumar Son of Brij Nandan Chouhan @ Brije Chouhan Resident of Village- Toral Bigha, P.S.- Ariyari, District- Sheikhpura 2.

Anil Chouhan son of Ganga Chouhan Resident of Village- Toral Bigha, P.S.- Ariyari, District- Sheikhpura 3.

Mangal Chouhan Son of Ayodhya Chouhan Resident of Village- Toral Bigha, P.S.- Ariyari, District- Sheikhpura 4.

Prahlad Chouhan Son of Khiran Chouhan Resident of Village- Toral Bigha, P.S.- Ariyari, District- Sheikhpura 5.

Brij Nandan Chouhan @ Brije Chouhan Son of Shanichar Chouhan Resident of Village- Toral Bigha, P.S.- Ariyari, District- Sheikhpura 6.

Ram Snehi Chouhan Son of Ayodhya Chouhan Resident of Village- Toral Bigha, P.S.- Ariyari, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Adv.

For the Opposite Party/s :

Mr.Rajendra Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 353, 323, 427, 506, 504 of the Indian Penal Code.

Allegedly, petitioners along with other co-accused persons misbehaved and abused the informant and tore the register of proceeding. They also snatched key of motorcycle. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioners are falsely implicated in this case due to ulterior motive. No such occurrence as alleged ever took place. It is further

Patna High Court CR. MISC. No.56534 of 2022(2) dt.02-01-2023 2/2 submitted that from perusal of the aforesaid fact it is evident that the present FIR has been lodged afterthought because the occurrence took place on 16.06.2022 and FIR has been lodged on 20.06.2022 after 4 days delay and there is no explanation for delay in lodging FIR. The present case has been lodged only to harass the petitioners. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, 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 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 Ariyari P.S. Case No. 153 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T