Nanda Kumar @ Anand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1966 of 2025 Arising Out of PS. Case No.-142 Year-2024 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Nanda kumar @ Anand Kumar S/O Raj Kumar Sonar @ Raj Kumar R/O Village- Katra Devi Sthan, P.S- Laheri, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Laheri P.S. Case No. 142 of 2024 dated 27.03.2024 instituted for the offence punishable under Sections 147, 149, 188, 307, 337, 353, 504, 506 of the Indian Penal Code.
3. The prosecution case, in short, is that on the alleged date and time of occurrence, while the informant along with police party were on duty on the eve of Holi festival, 20-25 persons blocked the road using loud speakers in high volume and when the informant demanded permission order for the same, they became aggressive and used filthy language for the police personnel and started brick-batting on the police party. Local persons have identified the person on seeing the video of the incident.
Patna High Court CR. MISC. No.1966 of 2025(2) dt.17-01-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the present F.I.R. has been lodged against 19 named accused persons including the petitioner and other unknown persons. Learned counsel for the petitioner submits that similarly situated co-accused persons, namely, Sonu Kumar has been granted bail vide order dated 03.07.2024 passed by this Court in Criminal Miscellaneous No. 39150 of 2024. Co-accused, Karan Kumar @ Kunnu Sonar has also been granted bail by this Court vide Criminal Miscellaneous No. 80805 of 2024. Learned counsel for the petitioner further submits that there is no specific allegation against the petitioner rather the allegation against the petitioner is general and omnibus. It if manifest from the F.I.R.
, that there were Holi festival and on the occasion, the people of Mohalla were using sound box peacefully and not creating any nuisance rather there was on occasion of Matka Phod Holi and only to highlight himself, the police officer concocted this false story and lodged F.I.R. against 19 persons including the petitioner. The petitioner was not present in the mob and has not obstructed in discharging the duty of the informant. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.1966 of 2025(2) dt.17-01-2025 3/3
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Laheri P.S. Case No. 142 of 2024, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T