Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16502 of 2021 Arising Out of PS. Case No.-257 Year-2019 Thana- BARUN District- Aurangabad ====================================================== 1.
PRINCE KUMAR S/o Ram Pravesh Dom Resident of Village- Keshopur, P.S.- Barun, District- Aurangabad.
2.
RAM PRAVESH CHAUDHARY S/o Dalpa Chaudhary Resident of VillageKashopur, P.S.- Barun, District- Aurangabad. 3.
SIKANDAR PASWAN S/o Ramashish Paswan Resident of VillageNaudiha, P.s.- Amba, District- Aurangabad. 4.
AKHILESH CHAUDHARY Son of Munarik Chaudhary Resident of Village- Keshopur, P.S.- Barun, District- Aurangabad. 5.
SURENDRA PASWAN S/o Baban Prasad Resident of Village- Pipra, P.S.- Barun, District- Aurangabad.
6.
SUDHIR KUMAR S/o Shakti Paswan Resident of Village- Pipra, P.S.- Barun, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.
Patna High Court CR. MISC. No.16502 of 2021(2) dt.04-01-2022 2/3 The petitioners are apprehending their arrest in connection with Barun P.S. case No.257/2019 registered under Sections 147, 149, 341, 342, 353, 323, 427, 504, 506 of the Indian Penal Code.
Allegation is that the accused persons including the petitioners and 100-150 unknown persons blocked the road near Keshav More in protest of a road accident death and they also obstructed the police in discharge of official duties of maintaining law and order.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The petitioners were raising slogans against the police party. Co-accused has been granted anticipatory bail vide Annexure 3 to the present application.
On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail
Patna High Court CR. MISC. No.16502 of 2021(2) dt.04-01-2022 3/3 application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the facts and circumstances, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. case No.257/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
Narendra/- (Sudhir Singh, J) U T