Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 5319 of 2023 Arising Out of PS. Case No.-311 Year-2022 Thana- ISLAMPUR District- Nalanda ====================================================== Raja Kumar Son of Sita Ram Prasad Resident of Village- Gudru, P.O.- Sanda, P.S.- Islampur, District- Nalanda ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Islampur P.S. Case No. 311 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 447, 332, 333, 307, 379, 427, 353, 114, 120B of the Indian Penal Code and 3⁄4 of the Damage to Public Property Act. He has got no criminal antecedent.

As per the prosecution story, on 17.06.2022 at 10:15 A.M. about 1000 anti-social elements blocked the road to protest against the Agniveer scheme and burnt hundreds of vehicles. It is further alleged that 600-700 anti-social elements locked the school premises and vandalize it by breaking cameras, bulb and other articles. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there are general and omnibus kind of allegations. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No. 5319 of 2023(2) dt.16-05-2023 2/2 Having regard to the facts and circumstances of the case, the nature of allegation in which it is alleged that about 600-700 persons had locked the premises while protesting against the Agniveer Scheme, the petitioner is hardly aged about 21 years and has no criminal antecedent, there is no specific allegation against him, hence, this Court directs release of the petitioner above named on bail in the event of his arrest or surrender within a period of four weeks from today in connection with Islampur P.S. Case No. 311 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa at Nalanda subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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.

This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T