Abhishek Anand @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11231 of 2020 Arising Out of PS. Case No.-248 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== Abhishek Anand @ Abhishek Kumar S/o Bhola Prasad Singh Resident of Village- Sare, P.S.- Sare, Distt- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Asthawan P.S. Case No. 248 of 2019, registered for the offences punishable under Sections 342, 332, 333, 334, 426, 323, 353, 504 and 506 of the Indian Penal Code.

The informant is Block Development Officer, Asthawan (Nalanda). It is alleged that on 14.11.2019 while the informant was discharging his official duty, the petitioner entered into his office unauthorizedly and when the informant asked him to go out, the petitioner assaulted him, as a result of

Patna High Court CR. MISC. No.11231 of 2020(2) dt.19-06-2020 2/3 which, the informant become injured. The petitioner also torn his official document.

It is submitted that petitioner has falsely been implicated in this case due to local politics. In fact, on the alleged date of occurrence, the petitioner along with his father went at the office of informant for making birth certificates. The informant demanded money for the same and, on denial, the informant assaulted the petitioner and his father. Thereafter, father of the informant lodged complaint case No. 1474C/19 dated 15.11.2019 (Annexure-2) before the court of Chief Judicial Magistrate, Biharsharif, Nalanda. The informant in order to save him, lodged the present case dated 14.11.2019 making false and baseless allegation against the petitioner, but the same was received in the court on 18.11.2019. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda

Patna High Court CR. MISC. No.11231 of 2020(2) dt.19-06-2020 3/3 in connection with Asthawan P.S. Case No. 248 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T