Sunny Kumar Singh @ Sunny Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Ms. Misa Bharti, Advocate For the Opposite Party/s : Ms. Gulnar Begum, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 18-01-2024

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Heard Ms. Misa Bharti, learned counsel appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in connection with Gaurichak P.S. Case No. 277 of 2022, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 353, 332, 333, 338, 307, 354, 427 and 337 of the Indian Penal Code.

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Allegedly, the police personnels, on receipt of information, that some antisocial elements are indulged in vandalizing the vehicles, on account of murder of one ‘Jitendra Kumar’ by the villagers of Lanka Kachuara, they rushed to the

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Patna High Court CR. MISC. No.85145 of 2023(2) dt.18-01-2024 2/3

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place of occurrence, whereupon the villagers of both the village started abusing and attacked on the police personnels, due to which four of the police personnels sustained injuries.

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It is submitted on behalf of the petitioners that with regard to the murder of a rickshaw puller, namely, Jitendra Kumar, three FIR’s have been instituted. However, only on account of the fact that the petitioners being the villager of Koli village, their names have been implicated along with other 30 persons by making omnibus allegation. Further submissions has been made that, in fact, on account of criminal antecedent of petitioner no. 1, who is facing four criminal cases, out of which in one of the case, he has been acquitted, his name has been implicated in this case, at the hands of the police personnels. Ms. Bharti, further drew the attention of this Court to the orders passed by different Benches of this Court, granting bail to other co-accused persons, having identical allegation, the copies of which has been marked as Annexure – P 2 series.

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On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the petitioner no. 1 bears four criminal antecedent and apart from the allegation of assault, they have also made obstruction in discharge of the official duties of the police personnels.

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Patna High Court CR. MISC. No.85145 of 2023(2) dt.18-01-2024 3/3

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Regard being had to the submissions made on behalf of the parties and considering the fact that co-accused persons, having identical allegation, have been enlarged on privilege of anticipatory bail and there is no specific allegation of any overt act against the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate – VI, Patna City in connection with Gaurichak P.S. Case No. 277 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

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shivank/-

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U T

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(Harish Kumar, J)

Sunny Kumar Singh @ Sunny Kumar v. The State of Bihar

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Sunny Kumar Singh @ Sunny Kumar v. The State of Bihar

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