Abhinash Kumar @ Avinash Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20260 of 2024 Arising Out of PS. Case No.-302 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Abhinash Kumar @ Avinash Kumar @ Chhotu S/o Anandi Mahto R/o vill - Tara, P.S. - Khodawandpur, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Khodwandpur P.S. Case No. 302 of 2023 registered under Sections 341, 323, 379, 307 and 504/34 of the Indian Penal Code lodged on 31.10.2023 by the informant, Ramjatan Mahto.

3. As per the prosecution story, the informant alleged that when he went to Solid Wastage Management for guarding, the accused persons came armed variously and upon opposition was assaulted and one Prahlad Kumar snatched Rs. 800 from his pocket. Accordingly the FIR.

4. Learned counsel for the petitioner submits that omnibus allegation has been made against all the accused persons, there is no specific allegation against him and he is a

Patna High Court CR. MISC. No.20260 of 2024(2) dt.02-04-2024 2/3 young boy having no criminal antecedent.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

6. Taking into account the fact that omnibus allegation is against the petitioner, he is a young and do not have criminal antecedent, this Court is inclined to grant him privilege of anticipatory bail.

7. Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Manjhaul, Begusarai in connection with Khodwandpur P.S. Case No. 302 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(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/her bail bond by the Trial court itself;

Patna High Court CR. MISC. No.20260 of 2024(2) dt.02-04-2024 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) 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 his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T