Kamlesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67916 of 2022 Arising Out of PS. Case No.-216 Year-2020 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

KAMLESH RAM Son of Mahendra Ram R/v- Basahi, P.S.- Cheriya Bariyar Pur, District- Begusarai 2.

RAM BAHADUR RAJAK Son of Late Khusru Rajak @ Late Hakkar Rajak @ Late Khakhar Rajak R/v- Basahi, P.S.- Cheriya Bariyar Pur, DistrictBegusarai 3.

UDAY PASWAN @ RAM UDAY PASWAN Son of Debu Paswan R/vBasahi, P.S.- Cheriya Bariyar Pur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 353, 188 of the Indian Penal Code.

As per the prosecution case, when the informant received an information that some persons were creating road jam, he came there and found that the accused persons were protesting, as one Paltu Yadav had died in a road accident. The persons, who were creating road jam, were adamant on their demand to call Block Development Officer and to provide compensation to

Patna High Court CR. MISC. No.67916 of 2022(2) dt.25-02-2023 2/3 the deceased. When the BDO came there, jam was removed. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Similarly situated co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court passed in Cr. Misc. No.59708 of 2021 and Cr. Misc. No.23667 of 2022 vide order dated 13.07.2022 and 11.10.2022 respectively. Petitioners have no criminal antecedent, as also mentioned in paragraph-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

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 of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.67916 of 2022(2) dt.25-02-2023 3/3 connection with Cheriya Bariyar Pur P.S. Case No.216 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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