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Patna High CourtCR. MISC./78359/2023allowed

Raju Kumar @ Raju Sah v. The State Of Bihar,

2023-12-11Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78359 of 2023 Arising Out of PS. Case No.-300 Year-2023 Thana- ROSERA District- Samastipur ====================================================== 1.

Raju Kumar @ Raju Sah Son of Naresh Sah Resident of Village - Hirmiya, P.s. - Rosra, District- Samstipur.

2.

Pramod Kumar Son of Mahesh Das, Resident of Village - Hirmiya, P.s. - Rosra, District- Samstipur.

3.

Pramod Kumar, Son of Haricharan Sah, Resident of Village - Hirmiya, P.s. - Rosra, District- Samstipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 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, 149, 341, 323, 379, 342 and 356 of the Indian Penal Code.

3. Allegedly, all the accused persons along with the petitioners are said to have taken away two amplifiers, one horn and one mixture machine from the DJ vehicle of the informant and also snatched three mobile phones from the informant's side.

Patna High Court CR. MISC. No.78359 of 2023(2) dt.11-12-2023 2/3

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are not named in the FIR. No incriminating article has been recovered from the possession of the petitioners. Their name has been transpired in the present case on the basis of the confessional statement of one Arvind Kumar, who was apprehended by the police. It is further submitted that there is compromise between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as there is compromise between the parties, 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 lower Court where the case is pending/successor Court

Patna High Court CR. MISC. No.78359 of 2023(2) dt.11-12-2023 3/3 in connection with Rosra P.S. Case No. 300 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