Nemchand Vishwas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73703 of 2024 Arising Out of PS. Case No.-254 Year-2024 Thana- AMAUR District- Purnia ====================================================== 1.
Nemchand Vishwas Son Of Bajra Vishwas @ Bajru Vishwas Resident Of Village- Bagdar Dhurpaili, Ward No. 9, P.S.- Amour, Distt.- Purnea 2.
Bhola Vishwas @ Bholai Vishwas Son Of Shyam Lal Vishwas Resident Of Village- Bagdar Dhurpaili, Ward No. 9, P.S.- Amour, Distt.- Purnea 3.
Bajara Vishwas @ Bajru Vishwas Son Of Shyam Lal Vishwas Resident Of Village- Bagdar Dhurpaili, Ward No. 9, P.S.- Amour, Distt.- Purnea 4.
Suraj Kumar @ Suraj Vishwas Son Of Bajra Vishwas @ Bajru Vishwas Resident Of Village- Bagdar Dhurpaili, Ward No. 9, P.S.- Amour, Distt.- Purnea 5.
Nand Lal Vishwas @ Nand Lal Son Of Late Jhari Lal Vishwas Resident Of Village- Bagdar Dhurpaili, Ward No. 9, P.S.- Amour, Distt.- Purnea 6.
Anup Lal Vishwas @ Anant Lal Bishwas Son Of Jhri Lal Bishwas Resident Of Village- Bagdar Dhurpaili, Ward No. 9, P.S.- Amour, Distt.- Purnea 7.
Dhiraj Kumar @ Dhiraj Bishwas Son Of Saraf Lal Bishwas Resident Of Village- Bagdar Dhurpaili, Ward No. 9, P.S.- Amour, Distt.- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Kumar Priyadarshi For the Opposite Party/s :
Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 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 341, 323, 353, 504, 506, 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners along
Patna High Court CR. MISC. No.73703 of 2024(2) dt.26-10-2024 2/3 with other co-accused persons and 15-20 unknown persons are said to have assaulted the police team.
4. Learned counsel for the 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. He submits that there is no specific overt act against the petitioners, it is alleged that they are member of the mob. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 07.10.2024 passed in Cr. Misc. No. 66575 of 2024. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and the fact that similarly situated co-accused have been granted anticipatory bail by a Co-ordinate Bench of this Court, 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
Patna High Court CR. MISC. No.73703 of 2024(2) dt.26-10-2024 3/3 the learned lower Court where the case is pending/successor Court in connection with Amour P.S. Case No.254 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T