Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9383 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== SONU KUMAR Son of Bhikham Mahato Kharwar R/v- Singhachapar, Ward No. 05, P.O.- Gonauli, Dodusahia Padri, P.S.- Mufassil Bettiah, District- West Champaran ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Gaurav Prakash, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha, 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 Bettiah (Town) P.S. Case No. 456/2022 registered for the offences punishable under Sections 143, 147, 148, 149, 341, 323, 353, 332, 333, 338, 435, 307, 427, 504, 120(B), 395 and 412 of the Indian Penal Code and 27 of the Arms Act and 3⁄4 of the Prevention of Damage of Public Property Act, 1984. He has one criminal antecedent as stated in paragraph '3' of the application.

As per the prosecution story, on 17.06.2022, in the morning the informant got a confidential information that some persons are breaking public property, thereafter the informant proceeded at the place of occurrence and saw that

Patna High Court CR. MISC. No.9383 of 2023(2) dt.16-05-2023 2/3 approximately 500 - 700 people attacked on the police force and began to go towards Supria Cinema Road, dropped the CCTV camera in shops and attacked at the house of Deputy Chief Minister and damaged the vehicles.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that petitioner has not involved in this occurrence. He is a student.

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

Having regard to the facts and circumstances of the case, the allegation is that among 500-700 persons the petitioner was also one who was protesting against Agniveer Scheme, there is no specific allegation against the petitioner, 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (Town) P.S. Case No. 456/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.9383 of 2023(2) dt.16-05-2023 3/3 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 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