Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12723 of 2020 Arising Out of PS. Case No.-106 Year-2014 Thana- MADHEPURA District- Madhepura ====================================================== Abhishek Kumar S/o Mahendra Pandit, R/o village- Bhaptiya, Ward No. 7, P.S.- Sour Bazar, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Madhepura P.S. Case No. 106 of 2014 registered for offence punishable under sections 147, 148, 149, 323, 353, 333, 337, 338 and 427 of the Indian Penal Code. The FIR has been lodged by the Principal-cum-Centre Superintendent, B.N.M.V. College, Sahugarh, Madhepura, making allegation that after higher secondary examination of the first sitting, some students came, started throwing bricks, forcibly entered into the premises of the college, broke glasses and benches of Room no. 24 and damaged the bulb and vapourlight of the college. Learned counsel for the petitioner submits that during

Patna High Court CR. MISC. No.12723 of 2020(3) dt.22-01-2021 2/2 that period, the petitioner was a student of Intermediate and still he is a student and doing his study at Jawahar Lal Nehru University, New Delhi and he was not knowing about the case, inasmuch as he is resident of Bhaptiya, PS-Sourbazar, District Saharsa, on that account, he failed to approach the Court for bail inasmuch as other similarly co-accused has been granted bail. Looking to the facts and circumstance of the case, let the petitioner above named in event of arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No.

106 of 2014, subject to condition as laid down under section 438 (2) Cr.PC and further condition is that one of the bailors of the petitioner shall be his father. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T