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Patna High CourtCR. MISC./65830/2022allowed

Mahadev Das v. The State Of Bihar

2023-02-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65830 of 2022 Arising Out of PS. Case No.-218 Year-2019 Thana- BARURAJ District- Muzaffarpur ====================================================== 1.

MAHADEV DAS S/o Sri Prabhu Das R/o Village- Khantari Mahanand, P.S.- Baruraj, Distt- Muzaffarpur.

2.

PRABHU DAS S/o Chakaudi Das R/o Village- Khantari Mahanand, P.S.- Baruraj, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No 13 For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 338, 386, 504, 307, 427 & 353 of the Indian Penal Code.

All the F.I.R. named accused persons including these petitioners armed with lathi and danda are said to have reached at the police station and made pressure to release the seized D.J. and on being refused by the informant they threw stones on him. They also damaged the chairs and tables. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.65830 of 2022(2) dt.24-02-2023 2/2 petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that the petitioners are only members of the mob and raising slogans against the illegal acts of police and except this there is no allegation against them. Petitioners have no criminal antecedent as mentioned in para-3 of this application. 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 lower Court where the case is pending/successor Court in connection with Baruraj P.S. Case No.218 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.