Pritam Ray @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20907 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- DARBHANGA District- Darbhanga ====================================================== Pritam Ray @ Anil Kumar S/o- Vimal Ray resident of Village + P.OSubhankarpur P.S- Darbhanga Town Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Singh, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2024 Heard Mr. Ganesh Singh, learned counsel for the petitioner and Mr. Ram Sumiran Rai, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Town P.S. Case No. 166 of 2023, F.I.R. dated 07.06.2023 registered for the offences punishable under Sections 147, 447, 341, 323, 332, 353, 379, 427, 504, 506 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused persons abused and assaulted the informant, who is SHO, Subhankarpur T.O.P. Accused persons also deterred the informant from his official duty and they also broken the chair, tale and snatched the register and torn the same and they also took away Rs. 5200/- from the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.20907 of 2024(2) dt.04-04-2024 2/3 petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that there is no allegation of any assault or overt act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner. He further submits that it appears from the F.I.R. that the informant has lodged the present F.I.R. against 13 named persons and 250 unknown perons.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts that the petitioner having clean antecedent and there is no specific allegation of any assault or overt act attributed against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Town P.S. Case No. 166 of 2023, subject to the conditions as laid

Patna High Court CR. MISC. No.20907 of 2024(2) dt.04-04-2024 3/3 down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(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.

(Rajesh Kumar Verma, J) Ibrar//- U T