Patna High Court - Orders
Murari Kumar @ Satya Prakash @ Murari ... vs The State Of Bihar on 7 July, 2023
Author: Madhuresh Prasad
Bench: Madhuresh Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24601 of 2023
Arising Out of PS. Case No.-197 Year-2022 Thana- SARE District- Nalanda
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1. MURARI KUMAR @ SATYA PRAKASH @ MURARI YADAV, SON OF
DEVBRAT YADAV, R/O VILLAGE- KAILA, P.S.- SARE, DISTRICT-
NALANDA
2. RAJESH KUMAR RANJAN, SON OF BHIM YADAV, R/O VILLAGE-
KAILA, P.S.- SARE, DISTRICT- NALANDA
3. SATISH KUMAR, SON OF KARU YADAV @ KARU LAL, R/O
VILLAGE- KAILA, P.S.- SARE, DISTRICT- NALANDA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rudal Singh, Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, APP
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CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 07-07-2023Heard learned counsel for the petitioners and learned APP for the State of Bihar.
The petitioners are apprehending their arrest in connection with Sare P.S. Case No. 197 of 2022 registered for offence under Sections 143, 144, 147, 148, 149, 188, 290, 291, 294, 341, 323, 307, 353 and 120B of Indian Penal Code, Section 27 of Arms Act and Section 09 of Loud Speaker Act, 1955.
As per FIR, 22 named accused persons including the petitioners and 400 unnamed persons organized a dance show near the library premises without the permission of the Administrative Authorities. A law and order situation occurred Patna High Court CR. MISC. No.24601 of 2023(2) dt.07-07-2023 2/3 and there was some firing at the venue. The accused no.1 has sustained fire arm injuries.
It is submitted by learned counsel for the petitioner that the allegations are general and omnibus, against large number of persons, based merely on suspicion. Petitioners being prominent people in the locality, they have been dragged by name. Other named accused persons namely Gore Lal Yadav and the injured accused namely Akhilesh Kumar have already been allowed anticipatory bail in Cr. Misc. No. 24214 of 2023 and Cr. Misc. No. 24462 of 2023, respectively. Petitioners are stated to be persons having clean antecedents.
Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions, claim based on parity, as also nature of allegations, this Court is inclined to allow petitioners' prayer for grant of anticipatory bail.
Petitioners' prayer for anticipatory bail is allowed. Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released 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 the Patna High Court CR. MISC. No.24601 of 2023(2) dt.07-07-2023 3/3 learned Additional Chief Judicial Magistrate-VI, Nalanda, in connection with Sare P.S. Case No. 197 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.
(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shashank/-
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