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Patna High CourtCR. MISC./62623/2024allowed

Rajkumar Chaudhary @ Raj Kumar v. The State Of Bihar

2024-10-05Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62623 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Rajkumar Chaudhary @ Raj Kumar s/o- Bigan Chaudhary Village- Jalaha, P.S- Sangrampur, District- East Champaran 2.

Rubi Devi Wife of Rajesh Chaudhary Village- Puchharia Ps- Sangrampur Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Ranjan, Adv.

For the Opposite Party/s :

Ms. Sharda Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 448, 452, 341, 342, 323, 324, 325, 337, 338, 307, 308, 332, 333, 353, 427, 428, 431, 109 , 504 and 120(B) of the Indian Penal Code and Section 3⁄4 of Damage of Public Property Act.

3. Allegedly, all the FIR named accused persons including the petitioners are said to have blocked the highway by keeping a dead body on SH-74 main road and when on the basis of information, the informant along with police party reached at

Patna High Court CR. MISC. No.62623 of 2024(2) dt.05-10-2024 2/3 place of occurrence and tried to pacify the matter, the accused persons started abusing and pelting stones on police party due to which some of them sustained injuries. It is further alleged that the miscreants also entered the Police Station and caused damage to the government properties.

4. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Petitioners are mere passersby and they have no concern with the alleged occurrence. They have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is general and omnibus allegation 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

Patna High Court CR. MISC. No.62623 of 2024(2) dt.05-10-2024 3/3 the learned lower Court where the case is pending/successor Court in connection with Sangrampur P.S. Case No. 166 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

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