Niraj Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87399 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

NIRAJ RAM S/o Suresh Ram R/o village- Mathiya Hata, P.S.- Kuuchaikote, District- Gopalganj 2.

Sandeep Bhagat S/o Umesh Bhagat R/o village- Mathiya Hata, P.S.- Kuuchaikote, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kr. Mishra For the Opposite Party/s :

Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Kuchaikote PS case no. 8 of 2019 registered for the offences punishable under Sections 307 and other sections of Indian Penal Code and Section 27 of Arms Act. The allegation is regarding two co-villagers having been killed by the accused person namely Wazir Ahmad and others, whereafter the police is stated to have not registered the FIR, whereupon a mob of about 250 persons had reached at the police station and thereafter, had engaged in brick-batting and arson.

The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the

Patna High Court CR. MISC. No.87399 of 2019(2) dt.24-01-2020 2/2 present and are having clean antecedent. It is further submitted that a general and omnibus allegation has been levelled against the petitioners and there is no specific allegation of engaging in assault, loot or arson.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioners coupled with the fact that general and omnibus allegations have been levelled against the petitioners, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIIth, Gopalganj in connection with Kuchaikote PS case no. 8 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T