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2025 DAILYLAW 79712 (PAT)

Gajraj Kumar v. The State of Bihar

CR. MISC./71435/2025 · 2025-10-09

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71435 of 2025 Arising Out of PS. Case No.-168 Year-2022 Thana- KHAGAUL District- Patna ====================================================== 1. Gajraj Kumar Son of Shiv Nath Rai @ Shiv Nath Ray Resident of Saray Devi Sthan, P.S.- Maner, Dist.- Patna 2. Tannu Kumar @ Vikash Kumar Son of Ravi Singh R/o Vill Ganga Tola, P.S.- Maner, Dist.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Vidyapati, Advocate For the State : Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 09-10-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 427, 307, 120B, 337, 338 and 506 of Indian Penal Code and Sections 3 and 4 of Damage of Public Property Act. 3. The prosecution case in brief, is that petitioners were member of mob who along with other co-accused persons were protesting against the Agnipath Scheme of the Government. It further alleged that after sometime, the protesters became aggressive and started damaging the vehicles Patna High Court CR. MISC. No.71435 of 2025(2) dt.09-10-2025 2/3 present there and vandalized the police vehicles and set most of the private vehicles on fire. It is further alleged that protesters also threw bricks and stones on the police force due to which some of the the police personnel sustained severe injuries. 4. It is submitted on behalf of the petitioners that petitioners are not named in the F.I.R. The name of the petitioners transpired during course of investigation on the basis of confessional statement of other co-accused persons. Allegation is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Similarly situated co-accused persons have already been granted bail by this Hon’ble Court vide order dated 08.10.2025 in Cr. Misc. No. 70375 of 2025. Petitioners claim clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. 6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named Patna High Court CR. MISC. No.71435 of 2025(2) dt.09-10-2025 3/3 petitioners 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 learned A.C.J.M.-V, Danapur, Patna in connection with Khagaul P.S. Case No. 168 of 2022, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T