Sujeet Kumar @ Sujit Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74934 of 2023 Arising Out of PS. Case No.-311 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== 1.
Sujeet Kumar @ Sujit Prasad Son Of Shiv Mahto Resident Of MohallaSakuchi Sarai, Ps -GIRIYAK Pawapuri ,DISTRICT- Nalanda 2.
Nandlal Kumar @ Sugam Raj @ Sangam Raj Son Of Late Lakhan Mahto Resident Of Mohalla- Sakuchi Sarai, Ps -GIRIYAK Pawapuri ,DISTRICTNalanda 3.
Girdhar Gopal @ Giridhar Gopal Son Of Late Ramjee Mahto Resident Of Mohalla- Sakuchi Sarai, Ps -GIRIYAK Pawapuri ,DISTRICT- Nalanda ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Raj Ballabh Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2023 Heard learned counsel for the petitioners and the State.
2. The petitioners are apprehending their arrest in connection with Giriyak (Pawapuri) P.S.Case No.311 of 2023, FIR dated 16.06.2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 337, 338, 307, 353, 354, 332, 333 and 427 of the Indian Penal Code, Section 27 of the Arms Act and Section 3 of the Prohibition of Public Property Act, 1984.
3. On account of the kidnapping of the daughter of one Harihar Prasad on 16.6.2023 at about 6:00 pm., the said Harihar Prasad and his accomplices, armed with lathi and
Patna High Court CR. MISC. No.74934 of 2023(2) dt.29-11-2023 2/3 danda, had surrounded the house of one Jitendra Kumar and were engaging in assaulting the said Jitendra Kumar and his family members as also were engaging in a riotous behaviour, whereupon, the police had arrived there and upon the police having tried to pacify them, the accused persons, in all 15 named, including the petitioners and 40-50 unknown, had created a ruckus resulting in the police vehicle being damaged as also some of the police personnel having received injuries.
4. It is submitted on behalf of the petitioners that the petitioners have falsely been implicated in this case only on the basis of suspicion. Allegation is general and omnibus against these petitioners and no specific overt act has been alleged against them. At best they can be said to be members of mob. Co-accused, with similar allegation, have already been allowed pre-arrest bail by this Court vide order passed in Cr.Mis.No.74015/2023. Petitioners claim clean antecedent.
5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial
Patna High Court CR. MISC. No.74934 of 2023(2) dt.29-11-2023 3/3 Magistrate, Nalanda at Biharsharif in Giriyak Pawapuri Police Station Case No. 311 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T