Lalan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1802 of 2023 Arising Out of PS. Case No.-299 Year-2021 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

LALAN BAITHA S/o Bindu Baitha R/o Village - Juaffar, P.S.- Chhauradano, District - East Champaran.

2.

Amar Baitha S/o Bindu Baitha R/o Village - Juaffar, P.S.- Chhauradano, District - East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioners :

Ms. Varsha Rani, Advocate For the State :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Chhauradano P.S. Case No.299 of 2021, registered for the offences punishable under Sections 188, 147, 148, 149, 341, 323, 324, 326, 307, 332, 333, 353, 379, 337, 338, 290, 427, 171(C) and 171(H) of the Indian Penal Code and Section 126 of the R.P. Act. The petitioners are said to have attacked on the police party causing injuries to them.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted

Patna High Court CR. MISC. No.1802 of 2023(2) dt.16-03-2023 2/2 that similarly situated other co-accused persons have already been enlarged on bail by co-ordinate Benches of this Court vide Annexures-P/2 and P/3. It is submitted that no such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature.

The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on 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 learned Judicial Magistrate, 1st Class, Raxaul, East Champaran in connection with Chhauradano P.S. Case No.299 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T