Anshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8481 of 2023 Arising Out of PS. Case No.-466 Year-2022 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.
ANSHU KUMAR S/O KRISHNA KUMAR R/v- Rampur, P.S.- Sasaram (Mufassil), District- Rohtas 2.
PRINCE KUMAR S/O KRISHNA KUMAR R/v- Rampur, P.S.- Sasaram (Mufassil), District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Singh, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioners and learned APP for the State.
This is an application for grant of anticipatory bail in connection with Sasaram (Mufassil) P.S. Case No.466 of 2022, registered for offences under Sections 341, 323, 380, 504, 506 and 34 of the IPC.
The allegation is regarding the inspection of the school in question having been carried out on 15.09.2022, however, no irregularities were found, whereafter the accused
2/4 persons including the petitioners herein had entered the school and assaulted the teachers as also had taken away school register.
The learned counsel for the petitioners has submitted that the petitioners are innocent and they have been falsely implicated in the present case.
The learned counsel for the petitioners has further submitted that the petitioners are accused in two other cases but they are on bail in both the said cases. It is also submitted that a general and omnibus allegation has been levelled, however, they are ready to abide by such conditions as may be deemed fit and proper to be imposed by this Court, for the purposes of grant of anticipatory bail.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record, I deem it fit and proper to
3/4 admit the petitioners to the privilege of anticipatory bail, however, subject to certain conditions.
Accordingly, the above named petitioners are directed to be enlarged on anticipatory 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, 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Mufassil) P.S. Case No.466 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
It is further directed that the petitioners shall mark their attendance before the Officer-inCharge of the concerned police station on each Monday of the week at 10:30 am and in the event of two consecutive defaults, the present privilege of anticipatory bail, being granted to the
4/4 petitioiners herein, shall stand cancelled automatically.
(Mohit Kumar Shah, J) kanchan/Saurav U T