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Patna High CourtCR. MISC./68515/2023bail granted

Munna Mushar v. The State Of Bihar

2023-11-01Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68515 of 2023 Arising Out of PS. Case No.-211 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.

Munna Mushar S/o Dadan Mushar Resident of Village-Ahirwaliya, P.S.- Kudra, District-Kaimur (Bhabua) 2.

HARIDWAR MUSHAR S/o Late Ram Bachan Mushar Resident of VillageAhirwaliya, P.S.-Kudra, District-Kaimur (Bhabua) 3.

BHIKHARI MUSHAR S/o Late Charitar Mushar Resident of VillageAhirwaliya, P.S.-Kudra, District-Kaimur (Bhabua) 4.

SATENDRA MUSHAR S/o Somaru Mushar Resident of VillageAhirwaliya, P.S.-Kudra, District-Kaimur (Bhabua) 5.

LAKSHMAN MUSHAR S/o Late Ram Lagan Mushar @ Raman Mushar Resident of Village-Ahirwaliya, P.S.-Kudra, District-Kaimur (Bhabua) 6.

DAROGA MUSHAR S/o Munna Mushar Resident of Village-Ahirwaliya, P.S.-Kudra, District-Kaimur (Bhabua) 7.

DHANAI MUSHAR S/o Late Ram Janam Mushar Resident of VillageAhirwaliya, P.S.-Kudra, District-Kaimur (Bhabua) 8.

JAGDISH MUSHAR S/o Late Shri Mushar Resident of Village-Ahirwaliya, P.S.-Kudra, District-Kaimur (Bhabua) 9.

DADAN MUSHAR S/o Late Dudhnath Mushar Resident of VillageAhirwaliya, P.S.-Kudra, District-Kaimur (Bhabua) 10.

VIRENDRA MUSHAR S/o Lakshman Mushar Resident of VillageAhirwaliya, P.S.-Kudra, District-Kaimur (Bhabua) 11.

VIRENDRA BARI S/o Late Saraju Bari Resident of Village-Ahirwaliya, P.S.-Kudra, District-Kaimur (Bhabua) ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar Seth, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners in the present case are seeking pre-

Patna High Court CR. MISC. No.68515 of 2023(2) dt.01-11-2023 2/3 arrest bail in connection with Kudra P.S. Case No. 211 of 2023 registered for the offences punishable under Sections 147, 148, 149, 323, 332, 337, 338, 188, 353, 427 and 506 of the Indian Penal Code. The petitioners have got no criminal antecedent.

3. As per the prosecution story, the petitioners are alleged to have obstructed the work of renovation of pond and attacked on the police party causing injuries to them and the petitioners were allegedly identified by the dafadar and chowkidar.

4. Learned counsel for the petitioners submits that there are general and omnibus kind of allegations against the petitioners and 10 -12 unknown persons and there being a delay of five days in lodging of the FIR. It is submitted that the petitioners have otherwise no criminal antecedent.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having regard to the general and omnibus kind of allegations against the petitioners and 10 -12 unknown persons and there being a delay of five days in lodging of the FIR, the petitioners have otherwise no criminal antecedent, in the circumstances, this Court directs that in case of their arrest or surrender within a period of six weeks from today, the

Patna High Court CR. MISC. No.68515 of 2023(2) dt.01-11-2023 3/3 petitioners above named be released on bail in connection with Kudra P.S. Case No. 211 of 2023 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 learned C.J.M. Kaimur (Bhabua), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) shweta/- U