Guddu Rai @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81427 of 2023 Arising Out of PS. Case No.-388 Year-2021 Thana- BHELDI District- Saran ====================================================== 1.

GUDDU RAI @ GUDDU KUMAR S/O LATE UMA RAI @ UMA SHANKAR YADAV R/O CHAKCHAK, P.S- BHELDI, DISTT.- SARAN. 2.

RAJENDRA PRASAD @ RAJENDRA RAI S/O KUVAR YADAV R/O TAKLA, P.S- BHELDI, DISTT.- SARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aishwarya Shree, Adv.

For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 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, 148, 149, 341, 323, 324, 332, 307, 283, 353, 427, 435, 504 of the Indian Penal Code and Section 3⁄4 of the Public Property Damage Act.

3. As per the prosecution case, 30 FIR named accused persons including the petitioners and 200 unknown persons are said to have blocked the road, raised slogans and attacked on the police party with lathi, danda, brick, stones as a result of which some of the police personnel got injured and also damaged

Patna High Court CR. MISC. No.81427 of 2023(2) dt.21-12-2023 2/3 police vehicles.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. At best, petitioners can be said members of the assembled mob. Similarly situated co-accused persons have been enlarged on bail by a co-ordinate bench of this court vide order dated 06.01.2023 passed in Cr. Misc. No. 63549 of 2022. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

Patna High Court CR. MISC. No.81427 of 2023(2) dt.21-12-2023 3/3 connection with Bheldi P.S. Case No. 388 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T