Shrikant Kumar @ Shrikant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5058 of 2025 Arising Out of PS. Case No.-209 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== Shrikant Kumar @ Shrikant Yadav Son of Amresh Yadav Resident Of Village- Karhara, Ps- Ghoshi Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-02-2025 Heard Mr.Arvind Prasad Singh, learned counsel for the petitioner and Mr.Ashok Kumar Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Ghosi P.S. Case No.209 of 2024, dated 29.04.2024 registered for the offences punishable under Sections 353,427,506,34 and 504 of IPC.

3. Allegation against the petitioner is that he alongwith ten unknown persons abused and assaulted the informant and the raiding party, damaged their motorcycles and created obstruction in discharge of their official duty.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. Allegation against the

Patna High Court CR. MISC. No.5058 of 2025(2) dt.19-02-2025 2/3 petitioner is that he alongwith other co-accused persons have created obstruciton in public duty. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and merely on the basis of suspicion the name of the petitioner has falsely been implicated in the present case and the informant has not received any injury and all Sections are bailable except Section 353 of IPC.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts, petitioner has clean antecedent and there is no specific allegation of any assault or overt-act attributed against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Jehanabad in connection with Ghoshi P.S. Case No.209 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:-

Patna High Court CR. MISC. No.5058 of 2025(2) dt.19-02-2025 3/3 (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) 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/her 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.

(Rajesh Kumar Verma, J) Nitesh/- U T