Raj Kumar Bind @ Raj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3792 of 2024 Arising Out of PS. Case No.-52 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== 1.

Raj Kumar Bind @ Raj Kumar Mahto son of Ramswarup Mahto VILLAGE CHATAR PO BABHANGAWAN PS BARHARA DISTRICT BHOJPUR 2.

GOBARDHAN BIND@GOBARDHAN KUMAR son of MURARI BIND@MURLIDHAR BIND VILLAGE CHATAR PO BABHANGAWAN PS BARHARA DISTRICT BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Shankar Pathak For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024

1. 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, 149, 323, 341, 307, 379 and 385 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that petitioner no. 1 is a person with clean antecedent and petitioner no. 2 has antecedent of one case. It is next submitted that petitioners came to be implicated by the informant for some ulterior reason without alleging any specific overt act against them. It is further submitted that Raju Bin @ Raju Bind had moved this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 64073 of 2023 which was

Patna High Court CR. MISC. No.3792 of 2024(2) dt.13-02-2024 2/2 allowed by an order dated 19.10.2023 (Annexure P/4). It is further submitted that case of the petitioners are on much better footing than that of Raju Bin as Raju Bin was alleged of committing assault when allegation against the present petitioners are general and omnibus in nature.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court 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 the learned trial court where the case is pending/successor court in connection with Barhara P.S. Case No. 52 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. Accordingly, the present application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T