IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12959 of 2025 Arising Out of PS. Case No.-391 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1. Gaya Rai Son of Maheshwar Rai RO village- Shahpur Undi PS -Patori District -Samastipur 2. Anand Kumar @ Anand Kumar Rai son of Late Baiju Rai RO village- Shahpur Undi PS -Patori District -Samastipur 3. Santosh Kumar @ Chintu Kumar Son of Late Baiju Rai RO village- Shahpur Undi PS -Patori District -Samastipur 4. Rahul Kumar Son of Shivchandra Rai RO village- Shahpur Undi PS -Patori District -Samastipur 5. Suresh Pandit @ Suresh Kumar Son of Ramchandra Pandit RO village- Shahpur Undi PS -Patori District -Samastipur 6. Prabhash Rai @Prabhash Chandra Rai son of Late Nandlal Rai RO village- Sirdipur, PS -Patori District -Samastipur 7. Chhotu Kumar son of Late Bindeshwar Rai RO village- Jethmara Sahpur Undi PS -Patori District -Samastipur 8. Ramshankar Rai son of Sukhdeo Rai RO village- Jethmara Sahpur Undi PS -Patori District -Samastipur 9. Chandan Kumar son of Late Mohan Rai RO village- Jethmara Sahpur Undi PS -Patori District -Samastipur 10. Binod Rai @ Binod Kumar Rai son of Jitendra Rai RO village- Jethmara Sahpur Undi PS -Patori District -Samastipur 11. Jagarnath Rai son of Nokhe Rai RO village- Jethmara Sahpur Undi PS -Patori District -Samastipur 12. Chintu Kumar @ Santosh Kumar son of Umesh Rai RO village- Jethmara Sahpur Undi PS -Patori District -Samastipur 13. Pintu Kumar son of Umesh Rai RO village- Jethmara Sahpur Undi PS -Patori District -Samastipur 14. Subodh Rai @ Subodh Kumar son of Mahindra Rai RO village- Jethmara Sahpur Undi PS -Patori District -Samastipur 15. Raju Kumar son of Mahindra Rai RO village- Jethmara Sahpur Undi PS -Patori District -Samastipur 16. Ramesh Rai @ Ramesh Kumar Rai Son of Jogindra Rai RO village- Jethmara Sahpur Undi PS -Patori District -Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Patna High Court CR. MISC. No.12959 of 2025(2) dt.28-03-2025 2/5 Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 28-03-2025 Heard Mr. Pramod Kumar Singh, learned counsel for the petitioners and Dr. Mrityunjay Kr. Gautam, learned APP for the State. 2. The petitioners are apprehending their arrest in connection with Patory P.S. Case No. 391 of 2024, F.I.R. dated 11.10.2024 registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 132, 303(2), 324(4), 352, 351(2), 323 of the B.N.S. 3. The prosecution case, in brief, is that a large number of persons were protesting against the death of deceased Sanjeet Kumar and his dead body was kept at Chandan Chowk and the protestors blocked the road, burnt tyres and manhandled and members of general public. The protestors also damaged the public property and misbehaved with police personnel and stopped them from discharging their duty. 4. Learned counsel for the petitioners submits that the petitioner Nos. 1 to 5 and 7, 8 and 11 to 16 having clean antecedents and petitioner no. 6 carries six more cases other than the present one and petitioner nos. 9 and 10 carry two more cases other than the present one. Learned counsel for the Patna High Court CR. MISC. No.12959 of 2025(2) dt.28-03-2025 3/5 petitioners submit that the petitioners have been falsely implicated in the present case and as per allegation in the F.I.R., the petitioenrs have protested and blocked the road, burnt tyres and manhandled the members of general public and apart from that they have also damaged the public property and misbehaved with police personnel. Learned counsel for the petitioners fairly submits that although the petitioners are named in the F.I.R. but from perusal of the F.I.R., there is no specific allegation against the petitioners rather there is general and omnibus allegations against all the accused persons including these petitioners. 5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners and submits that the petitioners are named in the F.I.R. and apart from that petitioner Nos. 1 to 5 and 7, 8 and 11 to 16 having clean antecedents and petitioner no. 6 carries six more cases other than the present one and petitioner nos. 9 and 10 carry two more cases other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner nos. 6, 9 and 10 are on bail in the pending matters. 6. Considering the aforesaid facts and circumstances of the case and the fact that there is no specific allegations Patna High Court CR. MISC. No.12959 of 2025(2) dt.28-03-2025 4/5 against these petitioners in the F.I.R. and the name of the petitioners have come on the basis of local choukidar, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Samastipur, in connection with Patory P.S. Case No. 391 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :- (1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (2) If the petitioners tamper with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (3) And, further condition that the court below shall Patna High Court CR. MISC. No.12959 of 2025(2) dt.28-03-2025 5/5 verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Ibrar//- (Rajesh Kumar Verma, J) U T