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Patna High CourtCR. MISC./85692/2023allowed

Rajesh Kumar Keshari v. The State Of Bihar

2024-01-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85692 of 2023 Arising Out of PS. Case No.-114 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== Rajesh Kumar Keshari Son Of Raghunandan Prasad Keshari Resident Of Village- Kariyadpur, P.O.- Kariyadpur, P.S.- Fatehpur, Dist.- Gaya, Pin -824232 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anmol Kumar For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 435, 379, 153(A), 295, 295(A), 427, 120(B), 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, 65 named including the petitioner and 200-300 unknown persons looted the household articles, damaged houses, committed violence and terrified the villagers and also made indiscriminate firing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.85692 of 2023(2) dt.16-01-2024 2/2 specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 20.12.2022 passed in Cr. Misc. No. 52644 of 2022. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Fatehpur P.S. Case No. 114 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T