Rajesh Kumar @ Grejesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84901 of 2023 Arising Out of PS. Case No.-191 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== 1.

RAJESH KUMAR @ GREJESH KUMAR S/O SITARAM YADAV RESIDENT OF VILLAGE MALIAKONI, P.S. MOHANPUR DISTRICTGAYA. 2.

RAKESH KUMAR @ SANTOSH KUMAR S/O MANOJ YADAV RESIDENT OF VILLAGE MALIAKONI, P.S. MOHANPUR DISTRICTGAYA. 3.

RAJNANDAN KUMAR @ Rajnandan Prasad @ Rajo Prasad @ Rajnandan S/O BALO MAHTO RESIDENT OF VILLAGE LAKHAIPUR, P.S. MOHANPUR DISTRICT-GAYA.

4.

SATYAM KUMAR S/O SHIV DAYAL PRASAD RESIDENT OF VILLAGE LAKHAIPUR, P.S. MOHANPUR DISTRICT-GAYA. 5.

BRAMDEO PRASAD @ Baramdeo Mahto @ Bramdeo Prasad S/O DUKHAN MAHTO RESIDENT OF VILLAGE LAKHAIPUR, P.S. MOHANPUR DISTRICT-GAYA.

6.

KARU PASWAN S/O BATU PASWAN RESIDENT OF VILLAGE LAKHAIPUR, P.S. MOHANPUR DISTRICT-GAYA.

7.

SAJAN PASWAN @ SAJAN KUMAR S/O KARU PASWAN RESIDENT OF VILLAGE Jakhpur, P.S. MOHANPUR DISTRICT-GAYA. 8.

VIVEK RAJ @ BADAL KUMAR S/O DHIRENDRA KUMAR SINGH RESIDENT OF VILLAGE PATHRA, P.S. MOHANPUR DISTRICTGAYA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-03-2024

1. 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 147, 149, 341, 323, 435, 436, 427, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.84901 of 2023(3) dt.14-03-2024 2/3

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.

4. The informant alleges that the accused persons including the petitioners came at the sand Ghat of the informant and raised objection against sand lifting and thereafter the accused persons set on fire of the office of the informant.

5. Learned counsel for the petitioners submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that the allegation against the petitioners is general and omnibus in nature. It is further submitted that though there is allegation of setting the office of the informant on fire but then the allegation is not specific. It is next submitted that petitioners were protesting the lifting of sand by the company of the informant as they were indulging in illegal mining of sand. It is also submitted that the allegation of setting the office on fire is an exaggerated allegation and later on with the intervention of the well wishers the parties have compromised the case.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the

Patna High Court CR. MISC. No.84901 of 2023(3) dt.14-03-2024 3/3 event of their 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.25,000/- (Rupees Twenty-five Thousand) each 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 Barachatti P.S. Case No. 191 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T