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Patna High CourtCR. MISC./74836/2023bail granted

Dharmendra Mushar v. The State Of Bihar

2023-11-29Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74836 of 2023 Arising Out of PS. Case No.-313 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== 1.

Dharmendra Mushar S/O Late Mohan Mushar Resident Of VillageMaudiha, P.S.- Nawanagar, District-Buxar. 2.

Tai Mushar @ Jitendra Mushar S/O Late Mohan Mushar Resident Of Village- Maudiha, P.S.- Nawanagar, District-Buxar. 3.

Lal Babu Mushar S/O. Late Loha Mushar Resident Of Village- Maudiha, P.S.- Nawanagar, District-Buxar.

4.

Pappu Mushar S/O Goga Mushar Resident Of Village- Maudiha, P.S.- Nawanagar, District-Buxar.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek regular bail in connection with Nawanagar (Sonvarsa O.P.) P.S. Case No. 313 of 2023, lodged on 03.08.2023, under Sections 147/148/149/341/323/324/ 325 / 332/333/337/307/186/427/504/ 506/353 of the I.P.C.

3. As per the prosecution, there was total 24 named and 10 to 12 unknown accused persons are there against whom the allegation of attacking on the police party, who reached in the village for identification of accused.

Patna High Court CR. MISC. No.74836 of 2023(2) dt.29-11-2023 2/3

4. Learned counsel for the petitioners submits that there is nothing specific in the FIR. All allegations are general and omnibus. The petitioners are in custody since 16.08.2023. Counsel submits that the antecedent of petitioner Nos.1, 2 and 4 are clean and there is one criminal case pending against petitioner No.3.

5. Learned counsel for the State vehemently opposes the prayer for bail and submits that it is a case in which the situation of complete lawlessness has been created by the accused persons in which two personnel of the police party were brutally injured.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners, above named, be granted bail only after framing of the charge on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Nawanagar (Sonvarsa O.P.) P.S. Case No.313/2023, subject to the following conditions:

(i) one of the bailor should be the family member of the petitioners who shall provide official document to show his bona fide;

Patna High Court CR. MISC. No.74836 of 2023(2) dt.29-11-2023 3/3 (ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bonds by the Trial Court itself;

(iii) the petitioners shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T