Gaurav Rai @ Gaurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85614 of 2024 Arising Out of PS. Case No.-19 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.
Gaurav Rai @ Gaurav Kumar Son of Brajesh Rai @ Brijesh Rai Resident of Village - Banarpur, P.S. - Buxar (Mufassil), District - Buxar 2.
Prem Ranjan Rai Son of Late Rangnath Rai Resident of Village - Sikraul, P.S. - Rajpur, District - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend arrest in connection with Buxar (M) P.S. Case No. 19 of 2023, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 427, 435, 436 and 153 of the Indian Penal Code.
3. The prosecution case, in short, is that, approximately mob of 250 persons came at the gate of Bihar Thermal Power Plant and raised slogan against local administration and restrained labourers and workers to enter into the factory.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.85614 of 2024(2) dt.10-12-2024 2/3 petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners also submits that no specific allegation attributed against the petitioners. The allegation levelled against the petitioners are general and omnibus in nature. It is thus submitted that whenever the petitioners along with others used to protest, they came to be iumplicated in one or the other case. Petitioner no. 1 has got five criminal antecedents in which he is on bail in four cases and petitioner no. 2 has got two criminal antecedents in which he is on bail in one case. Learned counsel for the petitioners further submits that similarly situated co-accused has been granted anticipatory bail by this Court vide order dated 17.05.2024 passed in Cr. Misc. No. 26983 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances, let the petitioners, above named in the event of arrest/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. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxar (M) P.S. Case
Patna High Court CR. MISC. No.85614 of 2024(2) dt.10-12-2024 3/3 No. 19 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T