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Patna High CourtCR. MISC./57683/2023allowed

Chulhai Ram v. The State Of Bihar

2023-09-13Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57683 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- PATAHI District- East Champaran ====================================================== 1.

Chulhai Ram Son Of Raghunath Ram Resident Of Village- Bokane Kala, P.S.- Patahi, District - East Champaran 2.

Bikau Paswan Son Of Late Rupa Hajari Resident Of Village- Bokane Kala, P.S.- Patahi, District- East Champaran 3.

Prabhu Ram Son Of Saguni Ram Resident Of Village- Bokane Kala, P.S.- Patahi, District- East Champaran 4.

Murti Devi Wife Of Saguni Ram Resident Of Village- Bokane Kala, P.S. - Patahi, District- East Champaran 5.

Nilu Devi Wife Of Jaglal Paswan Resident Of Village- Bokane Kala, P.S.- Patahi, District- East Champaran 6.

Saroj Paswan Son Of Late Binda Paswan Resident Of Village- Bokane Kala, P.S.- Patahi, District- East Champaran 7.

Rambha Devi Wife Of Binda Hajari Resident Of Village- Bokane Kala, P.S.- Patahi, District- East Champaran 8.

Usha Devi @ Bibha Devi Wife Of Pramod Paswan Resident Of VillageBokane Kala, P.S.- Patahi, District- East Champaran 9.

Sukhi Devi Wife Of Surendra Paswan Resident Of Village- Bokane Kala, P.S.- Patahi, District- East Champaran 10.

Surendra Paswan Son Of Fuldeo Paswan Resident Of Village- Bokane Kala, P.S- Patahi, District- East Champaran 11.

Usha Devi Wife Of Manoj Paswan Resident Of Village- Bokane Kala, P.S.- Patahi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection

Patna High Court CR. MISC. No.57683 of 2023(2) dt.13-09-2023 2/3 with Patahi P.S. Case No. 113 of 2023 registered for the offence punishable under Sections 147, 148, 149, 224, 225, 341, 353, 427, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, 19 accused persons including the petitioners abused and misbehaved with the police force, started brick pelting and also caused hindrance in performing official duty of informant and other police officials.

4. Learned counsel for the petitioners submits that petitioners are innocent have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The police force has assaulted co-accused Saroj Pawan and Sunny Kumar mercilessly and when the petitioners raised objection then petitioners have been made accused in this case. There is no materials against the petitioners and there is also no injury caused to the informant or any other person. Petitioners have no criminal antecedent.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioners.

6. Considering the facts and circumstances of the case, let the petitioners above named 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.57683 of 2023(2) dt.13-09-2023 3/3 of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Patahi P.S. Case No. 113 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) saurabhkr/- U T