Kanchan Devi @ Kanchan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74359 of 2024 Arising Out of PS. Case No.-785 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Kanchan Devi @ Kanchan Kumari Wife of Jay Kishore yadav R/O Vill.- Bhagwanpur, Ward no. 05, P.S.- Sour Bazar(Baijnathpur), Dist.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suman Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Sour Bazar P.S. Case No. 785 of 2023 registered for the offences punishable under Sections 399, 402, 147, 148, 149, 342, 323, 324, 325, 307, 332, 333, 337, 338, 336, 353, 224 & 225 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that while patrolling, police party were attacked by the accused persons, including the petitioner by various means, due to which they sustained injuries.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.74359 of 2024(5) dt.31-01-2025 2/2 There is no specific allegation of assault against the petitioner. There is general and omnibus allegation attributed to the petitioner. Petitioner was merely a member of the mob. It is next submitted that charge sheet has been submitted in this case. Other co-accused has been granted regular bail by this Court vide order dated 27-06-2024, passed in Cr. Misc. No. 44742 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sour Bazar P.S. Case No. 785 of 2023, subject to the conditions as laid down under Section 482(2) of the BNSS, 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T