Dhrub Singh @ Kumar Dhrubjee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80168 of 2023 Arising Out of PS. Case No.-389 Year-2022 Thana- BELHAR District- Banka ====================================================== 1.

Dhrub Singh @ Kumar Dhrubjee S/O Shivji Singh R/O Village- Dubba, P.SBarahat, Distt.- Banka. 2.

Aaditya Singh @ Aadity Kumar Singh S/O Bhushan Singh R/O VillageDubba, P.S- Barahat, Distt.- Banka. 3.

Chhotu Singh @ Rahul Ranjan Singh S/O Dilip Singh @ Dilip Prasad Singh R/O Village- Dubba, P.S- Barahat, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-01-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Belhar P.S. Case No. 389 of 2022 dated 16.10.2022 registered for the offences punishable under Sections 147, 148, 149, 341, 188, 337, 353 and 427 of the Indian Penal Code.

4. As per the prosecution case, the informant along

Patna High Court CR. MISC. No.80168 of 2023(2) dt.29-01-2024 2/3 with his team reached near Dubba Ghat where he saw that the petitioner No. 1 started fleeing away after unloading the sand from his tractor. When the team reached near the tractor, then 30-40 persons started pelting stones on them and damaged the police vehicle.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. There is general and omnibus allegation against the petitioners. Nothing has been recovered from the possession of the petitioner.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Belhar P.S. Case No. 389 of 2022, subject to conditions as laid down under

Patna High Court CR. MISC. No.80168 of 2023(2) dt.29-01-2024 3/3 Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T