Rajeev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10840 of 2020 Arising Out of PS. Case No.-664 Year-2019 Thana- HILSA District- Nalanda ====================================================== RAJEEV SINGH Son of Late Bipan Singh Resident of Village- Nadha, P.S.- Hilsa, Distt- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the State :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-07-2020 Heard Mr. Rajeev Kumar, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner apprehends arrest in connection with Hilsa P.S. Case No. 664 of 2019 registered for the offence punishable under Sections 341, 323, 504, 506 and 353 of the Indian Penal Code, 1860.

The allegation against the petitioner is that he entered into the school premises in drunken condition, abused the informant and threatened him with dire consequences while the complainant was teaching students of Class-VIII in the class room.

Patna High Court CR. MISC. No.10840 of 2020(2) dt.03-07-2020 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch as the informant who is a school teacher was not regularly taking class and upon asking by the petitioner he has lodged the present case on the basis of concocted story. Learned counsel further submits that all Sections are bailable in nature except Section 353 IPC which is not applicable in the facts and circumstances of the case.

Having regard to the submissions made by the parties and taking into consideration the fact that prima facie only substantive allegation against the petitioner is intentional insult and criminal intimidation to the complainant, I am inclined to grant anticipatory bail to the petitioner. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Hilsa, Nalanda, in connection with Hilsa P.S. Case No. 664 of

Patna High Court CR. MISC. No.10840 of 2020(2) dt.03-07-2020 3/3 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that at the time of furnishing bails bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T