Gulab Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70073 of 2022 Arising Out of PS. Case No.-493 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== 1.

Gulab Raja, Son of Murtaja, Resident of Village- Kadgama, Ward No.-8, P.S.- Sri Nagar, District- Purnea, Bihar.

2.

Md. Murtuja, Son of Tamizuddin, Resident of Village- Kadgama, Ward No.- 8, P.S.- Sri Nagar, District- Purnea, Bihar.

3.

Sahnaz Begum, Wife of Md. Murtuja, Resident of Village- Kadgama, Ward No.-8, P.S.- Sri Nagar, District- Purnea, Bihar. ... ... Petitioner/s

Versus

The state of Bihar.

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-04-2023 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioners are named in the F.I.R. and apprehending their arrest in connection with K. Nagar (Sri Nagar) P.S. Case No. 493 of 2022 registered for the offences

Patna High Court CR. MISC. No.70073 of 2022(2) dt.28-04-2023 2/3 punishable under Sections 147, 149, 341, 342, 353, 332, 224, 504 and 506 of the Indian Penal Code.

The allegation against petitioners is to make out an escape of apprehended accused persons during the police raid and in course of occurrence also caused hurt to police personnel and also to deter them to discharge official duties. Learned counsel appearing on behalf of the petitioners submitted that allegation against above named petitioners are very much general and omnibus without attributing any specific overt act and as they were neighbours of the apprehended accused persons, were named in present case without having any connecting material. While concluding the argument, it is submitted that petitioners are of clean antecedents. Learned APP opposes the prayer of bail.

Considering the aforesaid facts and circumstances, as petitioners appear to be part of mob only, let above named petitioners, in the event of their arrest or surrender before the court below within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia/concerned Court, where the case is pending in

Patna High Court CR. MISC. No.70073 of 2022(2) dt.28-04-2023 3/3 connection with K. Nagar (Sri Nagar) P.S. Case No. 493 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T