Moti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75305 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Moti Kumar, Son of Hiralal Singh, Resident of Village - Chhap, Police Station - Mirganj, District- Gopalganj.

2.

Nandi Singh @ Nandji Bhagat @ Nandji Prasad Singh, Son of Ramdeo Bhagat, Resident of Village - Chhap, Police Station - Mirganj, DistrictGopalganj. 3.

Ravi Ranjan @ Ravi Raj @ Raviraj Kumar, Son of Sheojee Prasad, Resident of Village - Chhap, Police Station - Mirganj, District- Gopalganj. 4.

Amit Raj Kumr @ Sumit Kumar, Son of Madan Manjhi, Resident of Village - Chhap, Police Station - Mirganj, District- Gopalganj. 5.

Prince Kumar, Son of Sadhu Bhagat, Resident of Village - Chhap, Police Station - Mirganj, District- Gopalganj.

6.

Manish Kumar, Son of Motar Bhagat, Resident of Village - Chhap, Police Station - Mirganj, District- Gopalganj.

7.

Hiralal Singh, Son of Late Ram Narayan Singh @ Lal Narayan Singh, Resident of Village - Chhap, Police Station - Mirganj, District- Gopalganj. 8.

Ranjeet Kumar, Son of Jairam Bhagat, Resident of Village - Chhap, Police Station - Mirganj, District- Gopalganj.

9.

Daroga Bhagat, Son of Ram Brikash Bhagat, Resident of Village - Chhap, Police Station - Mirganj, District- Gopalganj. 10.

Kamlesh Kumar @ Kamlesh Kumar Mahto, Son of Suga Mahto, Resident of Village - Chhap, Police Station - Mirganj, District- Gopalganj. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Raghav Prasad, Advocate For the Opposite Party :

Mr. Uday Chand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-12-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Patna High Court CR. MISC. No.75305 of 2023(2) dt.11-12-2023 2/3

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Mirganj P.S. Case No. 155 of 2023 dated 30.04.2023 registered for the offence punishable under Sections 120B, 147, 148, 149, 341, 323, 307, 337, 338, 353, 427 and 504 of the I.P.C.

4. As per the prosecution case, the petitioners are alleged to have identified as being indulged in causing impediment and obstacle in discharge of the duty of police personnel.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. There is general and omnibus allegation against the petitioners. It is submitted that the injury sustained by the A.S.I., Yogendra Singh, was found to be simple in nature as annexed as Annexure-2 to the bail application. It is submitted that for the same occurrence, Mirganj P.S. Case No. 153 of 2023 has been lodged by the accused persons in which one Sri Ram Kumar has also sustained simple injury as annexed as Anmexure-P/3-1 to

Patna High Court CR. MISC. No.75305 of 2023(2) dt.11-12-2023 3/3 the bail application. The petitioner nos. 1, 4 to 6 and 8 to 10 have clean antecedent and the petitioner nos. 2, 3 and 7 have one criminal antecedent as stated in paragraph no. 3 of the bail application.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj, in connection with Mirganj P.S. Case No. 155 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T