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Patna High Court - Orders

Om Prakash Kumar @ Dabloo @ Babloo vs The State Of Bihar on 14 November, 2022

Author: Sudhir Singh

Bench: Sudhir Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26915 of 2022
                   Arising Out of PS. Case No.-178 Year-2021 Thana- RAJEPUR District- East Champaran
                 ======================================================
           1.     OM PRAKASH KUMAR @ DABLOO @ BABLOO Son of Late Rajdeo
                  Rai @ Ramdeo Rai Resident of Village - Nonimal, Police Station- Rajepur,
                  District - East Champaran, Motihari.
           2.    Pawan Kumar Rai @ Pawan Rai Son of Chandra Dhan Rai Resident of
                 Village - Nonimal, Police Station- Rajepur, District - East Champaran,
                 Motihari.

                                                                                   ... ... Petitioners
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ramchandra Singh, Advocate
                 For the Opposite Party/s :       Mrs.Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                                       ORAL ORDER

2   14-11-2022

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 150, 151, 152, 171, 341, 342, 323, 307, 332, 333, 337, 338, 120B, 504, 506 and 353 of the Indian Penal Code.

The prosecution case, in short, is that a mob attacked on police force during the Panchayat Election due to which several police personnel sustained injuries.

It has been submitted on behalf of the petitioners that the Patna High Court CR. MISC. No.26915 of 2022(2) dt.14-11-2022 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation is alleged against the petitioners. There is no overt act alleged against the petitioners. 42 named persons along with 100-150 unknown persons have been made accused in the present case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

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 twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Rajepur P.S. Case No. 178 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/-

U      T