Vijay Kumar @ Vijay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13717 of 2022 Arising Out of PS. Case No.-308 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== VIJAY KUMAR @ VIJAY PRASAD SON OF CHANDRADEO PRASAD R/O VILLAGE- RAMNAGRA, P.S.- RIGA, DISTRICT- SITAMARHI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar, Adv.
For the Opposite Party/s :
Mr.H.A.Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 337, 436, 427, 332, 333, 153, 153(A), 295, 295(A), 120(B), 504, 506 of the Indian Penal Code.
Allegedly, 57 named accused persons including the petitioner and about 400-500 unknown on occasion of idol immersion tried to break the social peace between two community and when the police tried to pacify the matter, the
Patna High Court CR. MISC. No.13717 of 2022(2) dt.10-08-2022 2/3 crowd started pelting stones, due to which the police party sustained injuries.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that at best petitioner can be said to be a member of the mob. Petitioner has no criminal antecedent and several similarly situated co-accused persons have been enlarged on anticipatory bail by different co-ordinate Bench of this court vide Cr. Misc. No.10346 of 2019, Cr. Misc. No.3040 of 2019, Cr. Misc. No.6412 of 2019, Cr. Misc. No.4916 of 2019 and Cr. Misc. No.35128 of 2019.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since similarly situated several co-accused have been granted anticipatory bail, 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
Patna High Court CR. MISC. No.13717 of 2022(2) dt.10-08-2022 3/3 satisfaction of the learned court below where the case is pending/Successor Court in connection with Riga P.S. Case No.308/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T