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Patna High Court - Orders

Chhedi Ram vs The State Of Bihar on 8 May, 2023

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1055 of 2023
                   Arising Out of PS. Case No.-42 Year-2022 Thana- BALTHAR District- West Champaran
                 ======================================================
           1.     Chhedi Ram Son Of Bhabhijhan @ Bhabhichan Ram R/O Village-
                  Nakchhed Bhahuarwa, P.S.- Purshottampur, District- West Champaran
           2.    Kishundeo Ram Son Of Bhabhijhan @ Bhabhichan Ram R/O Village-
                 Nakchhed Bhahuarwa, P.S.- Purshottampur, District- West Champaran
           3.     Sunaina Devi Wife Of Kishundeo Ram R/O Village- Nakchhed Bhahuarwa,
                  P.S.- Purshottampur, District- West Champaran
                                                                          ... ... Petitioners
                                                     Versus
                 THE STATE OF BIHAR
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Gupta
                 For the Opposite Party/s :       Mr.Brajendra Nath Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-05-2023

Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 307, 379,380, 395/120B and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, 357 accused persons including these petitioners, armed with lathi, danda, farsa, iron rod, axes, bricks stones etc surrounded police party and raised slogan against the administration. Accused persons torched the police vehicle and attacked upon policemen as a result of which a Havildar died and some of the police men sustained injuries. Patna High Court CR. MISC. No.1055 of 2023(2) dt.08-05-2023 2/2 Learned counsel appearing for the petitioners submits that there is general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged against these petitioners. Several similarly situated co-accused have already been allowed pre-arrest bail by this Court vide paragraph 10 of the bail petition.

Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Bettiah, West Champaran in Balthar Police Station Case No. 42 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.




                                             (Prabhat Kumar Singh, J)
Shashi

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