Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63739 of 2022 Arising Out of PS. Case No.-241 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== 1.
DEEPAK KUMAR Son of Ramji Sah R/o Village - Jajhat Sabaila, P.S.- Singheshwar, District - Madhepura.
2.
Deepak Kumar Yadav @ Dipak Kumar Son of Late Maheshwari Yadav R/o village - Pathraha, P.S. and District - Madhepura. 3.
Pappu Kumar @ Pappu Sah Son of Raghunandan Sah @ Raghu Sah R/o Village - Jajhat, P.S.- Singheshwar, District - Madhepura. 4.
Binod Yadav @ Vinod Yadav Son of Priyabrat Yadav @ Priyavat Yadav R/o Village - Majarhat, P.S.- Singheshwar, District - Madhepura. 5.
Manjesh Kumar Son of Ajay Yadav R/o village - Majarhat, P.S.- Singheshwar, District - Madhepura.
6.
Raben Mukhiya Son of Mushahru Mukhiya R/o Village - Jajhat Sabaila, P.S.- Singheshwar, District - Madhepura.
7.
Badri Rishideo @ Badri Rishidev Son of Chhoti Rishidev R/o Village - Jajhat Sabaila, P.S.- Singheshwar, District - Madhepura. 8.
Md. Sarfaraj @ Chhotaku @ Sarfaraj Son of Md. Kasim @ Md. Kashim @ Photo R/o village - Jhitkiya, P.S.- Singheshwar, District - Madhepura. 9.
Bijendra Yadav @ Bijen Yadav Son of Gajadhar Yadav R/o village - Majarhat, Kamrail Tola, P.S.- Singheshwar, District - Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rupesh Kumar, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-04-2023
1. Heard both the parties.
2. The petitioners seek bail in anticipation of their arrest in connection with Singheshwar P.S. Case No. 241/2021, dated
Patna High Court CR. MISC. No.63739 of 2022(2) dt.24-04-2023 2/3 23.10.2021, instituted for the offences under Sections 147, 148, 149, 341, 323, 325, 307, 353, 332, 333, 427, 504, and 188 and of the I.P.C. and Section 27 of the Arms Act.
3. The allegations against the petitioners are omnibus. No specific allegation is alleged as against the petitioners. As many as 200-250 people have been made accused by the police.
4. Learned APP for the State opposes the prayer for grant of bail.
5. Taking into consideration the overall circumstances, I am inclined to grant anticipatory bail to petitioners and in the event of arrest, they shall be released on bail subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are as under:- I. The petitioners shall cooperate with the investigation and make himself available for interrogation whenever required. II. The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer, III. The petitioners shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police;
IV. The petitioners shall maintain law and order; V. The petitioners shall, at the time of execution of the bond, furnish his address and mobile number to the investigating
Patna High Court CR. MISC. No.63739 of 2022(2) dt.24-04-2023 3/3 officer, and the court concerned, and shall not change the residence till the final disposal of the case;
VI. The petitioners shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;
VII. The petitioners shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.
(Sanjeev Prakash Sharma, J) Suraj/- Item No. 89 U