Diwakar Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68038 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.

Diwakar Kumar Chaudhary Son of Harshnath Chaudhary R/O-VillMajarhat, P.s.- Singheshwar, District- Madhepura ( Hosteler of B.P. Mandal College of Engineering of Madhepura), Parmanat address- Vill- Paghari, P.S.- Baheri, District- Darbhanga.

2.

Manikant Sahu Son of Lal Babu Sahu R/O-Vill- Majarhat, P.s.- Singheshwar, District- Madhepura ( Hosteler of B.P. Mandal College of Engineering of Madhepura), Parmanat address- Vill- Kanaur, P.S.- Kamtaul, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with Singheshwar P.S. Case No. 97/2023 dated 11.04.2023 registered for the offences punishable under Sections 147, 149, 341, 342, 323, 353, 504, 506 and 509 of the I.P.C.

3. As per the prosecution case, the petitioners and the other co-accused persons alongwith 40-50 students committed mischief in the B.P. Mandal Engineering College, Madhepura,

Patna High Court CR. MISC. No.68038 of 2024(2) dt.11-12-2024 2/3 and confined the teachers and employees including lady officials inside the office and college rooms by locking from outside. It is further alleged that the mob of students committed misbehave and scuffled with the teachers and staffs of the college.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that there is no specific allegation against the petitioners. There is general and omnibus allegation against the petitioners. The petitioners are bonafide student of the said College and he is studying in Class-6th Semester of B.Tech Class, Sessions 2020-24. The petitioners were not present on the alleged date and time of occurrence. They have no concern with the alleged offence. The other co-accused person has already been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 61663 of 2024 under order dated 04.10.2024. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail application. 5.Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their

Patna High Court CR. MISC. No.68038 of 2024(2) dt.11-12-2024 3/3 arrest/surrender before the learned court below within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhepura, in connection with Singheshwar P.S. Case No. 97/2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T