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Patna High CourtCR. MISC./10385/2024allowed

Pramod Safi @ Pramod Kumar Safi v. The State Of Bihar

2024-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10385 of 2024 Arising Out of PS. Case No.-494 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Pramod Safi @ Pramod Kumar Safi Son Of Ramchandra Safi Resident Of Village- Kariyan, Ps- Rosera, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hussamuddin Azad For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 323, 353 and 504 of the Indian Penal Code.

3. As per the prosecution case, when the police officials were on patrolling duty then the informant i.e. the police personnel got information by the SHO Rosera that the kidnapped deceased Devchandra Rai's body will reach at his village, where the informant will co-operate for cremation. Thereafter, the informant with police reached there, where the accused persons after keeping the dead body at the chowk creating obstruction in discharging the public duty and in course of it the accused persons started jostling with the police personnel.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.10385 of 2024(2) dt.22-02-2024 2/2 the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific allegation against the petitioner, he has been implicated in this case only on account of local politics as the petitioner is a ward member of the village. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rosera P.S. Case No. 494 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T