Sanoj Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9401 of 2023 Arising Out of PS. Case No.-102 Year-2022 Thana- MAHKAR District- Gaya ====================================================== SANOJ VISHWAKARMA S/o Raju Vishwakarma @ Raju Mistri R/o Village- Dharampur, Khizersarai, P.S.- Khizersarai, Distt- Gaya, Bihar. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Nitya Nand Tiwary, 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 prearrest bail in connection with Mahkar P.S. Case No. 102/2022 registered for the offences punishable under Sections 147, 148, 149, 323, 307, 332, 333, 353, 504, 506 of the Indian Penal Code. He has one criminal antecedent as stated in paragraph '3' of the application.

As per the prosecution story, while the informant got secret information that some persons are beating to a driver of tractor at Mahkar More, then he reached there and saw that some persons had stopped the tractor and forcefully they were taking away. The informant further alleged that on asking about the tractor all the accused persons started abusing and attacked

Patna High Court CR. MISC. No.9401 of 2023(2) dt.16-05-2023 2/3 on police party as a result whereof all the police personnel were became injured.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that there is no specific allegations against the petitioner. Petitioner has not assaulted to anyone. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances, the allegations being general and omnibus against 12 accused persons and the injuries are said to be simple in nature, this Court, therefore, directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - 1st, Gaya, in connection with Mahkar P.S. Case No. 102/2022, 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

Patna High Court CR. MISC. No.9401 of 2023(2) dt.16-05-2023 3/3 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. (Rajeev Ranjan Prasad, J) Rajeev/- U T