Baiju Singh @ Baijnath Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16009 of 2024 Arising Out of PS. Case No.-85 Year-2021 Thana- IMAMGANJ District- Gaya ====================================================== Baiju Singh @ Baijnath Singh Son of Late Shital Singh Resident of VillageRangha, P.S.- Imamganj, District-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Javed Jafar Khan, Advocate For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Imamganj P.S. Case No. 85/2021 dated 17.05.2021 registered for the offences punishable u/ss 341, 323, 504, 506, 353 and 188 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is alleged to have created nuisance and also made scuffle with the informant. It is further alleged that the reason of scuffle was that the medical staffs did not vaccinate to one boy.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in
Patna High Court CR. MISC. No.16009 of 2024(2) dt.19-03-2024 2/2 para 3 of the bail petition. Learned counsel has submitted that Section 188 of the IPC is also not attracted because there was no disobedience of official order by the petitioner, rather the petitioner being the Block Teacher has also obeyed the covid-19 guidelines.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sherghatti, Gaya in connection with Imamganj P.S. Case No. 85/2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T