Pursotam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20466 of 2024 Arising Out of PS. Case No.-60 Year-2023 Thana- AAYAR District- Bhojpur ====================================================== Pursotam Kumar Son of Jitendra Yadav Resident of vill.- Vimwa, P.S.- Jagdishpur, Dist.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and the State.
2. The petitioner is apprehending arrest in connection with Ayer P.S. Case No. 60/23 instituted under Sections 275, 337, 427, 307, 224, 353, 379, 411/34 of the Indian Penal Code lodged on 9.5.2023 by the informant, Asarfi Lal Paswan.
3. As per the prosecution story, the informant alleged that while returning from the raid, as they reached Lalganj Ayer crossing, found four sand laden tractors moving. It was intercepted, as they were being taken to the police station, two of them tried to escape, one apprehended while the others escaped. Upon enquiry, it was found that the tractors belong to one Jitendra Yadav. Accordingly, the FIR.
4. Learned counsel for the petitioner submits his name
Patna High Court CR. MISC. No.20466 of 2024(2) dt.04-04-2024 2/3 has cropped up only because he is son of absconding accused Jitendra Yadav. He is a student of intermediate class and it is not the case that he was driving the tractor.
5. Learned APP opposes the prayer for anticipatory bail.
6. Having gone through the petition as also the submission of the learned counsel for the petitioner and in view of the fact that Jitendra Yadav, the father of the petitioner is already an accused, he is a student of 21 years of age, do not have criminal antecedent, this Court is inclined to extend him privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Ayer P.S. Case No. 60/23 to the satisfaction of learned A.C.J.M.-VII, Bhojpur at Ara subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.20466 of 2024(2) dt.04-04-2024 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T