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Patna High CourtCR. MISC./65746/2022allowed

Chandan Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65746 of 2022 Arising Out of PS. Case No.-284 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

CHANDAN KUMAR Son of Santan Mahto @ Satyanarayan Mahto @ Satya Narayan Kushwaha R/v- Miyanchak Ward No. 34 P.S.- ( Ratanpur ) Town, District- Begusarai 2.

ANKIT KUMAR @ ANKIT MAHTO Son of Tuntun Mahto R/vMiyanchak Ward No. 34 P.S.- ( Ratanpur ) Town, District- Begusarai ... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== 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, 149, 342 & 353 of the Indian Penal Code.

The allegation against the petitioners is that they have blocked the road and started disturbing due to death of one shopkeeper, namely, Parveen Kumar. Later on, it has been mentioned in the F.I.R. that through videography, the petitioners were identified.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case merely on

Patna High Court CR. MISC. No.65746 of 2022(2) dt.24-02-2023 2/2 suspicion. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. As a matter of fact, the deceased Parveen Kumar, who is the own relative of the petitioners, has been kidnapped and killed and due to this reason these petitioners and other persons made protest for arresting of the real culprit. Petitioners were only members of the unruly mob. 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 Begusarai Town P.S. Case No.284 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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