Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17367 of 2023 Arising Out of PS. Case No.-1037 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== RAVI KUMAR S/O MANOJ YADAV R/O VILLAGE-BIND TOLA (MARANGA), P.S- K. HAT (MARANGA) DISTRICT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the State :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-05-2023 Heard learned counsel for the petitioner, and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of K. Hat (Maranga) Police Station Case No. 1037 of 2022, dated 05.10.2022, disclosing offences under Sections 341/323/353/225/427 /504/34 of the Indian Penal Code. The prosecution case, as per the First Information Report, is that the informant, who is a police officer was on duty on 05.10.2022 during Durga Puja when co-accused Kistoi Yadav came and started assaulting one of the member of the Puja Committee, namely, Indu Sinha and when the informant intervened in the matter, co-accused Kistoi Yadav started assaulting the informant with fists and slaps and the police caught hold Kistoi Yadav, in the meanwhile, the petitioner and

Patna High Court CR. MISC. No.17367 of 2023(2) dt.30-05-2023 2/3 three other named co-accused persons and some unknown got Kistoi Yadav freed from the custody of the police/informant. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. It has further been submitted that the allegation against the petitioner is general and omnibus in nature along with three named and unknown accused persons. He next submits that petitioner has got no criminal antecedents. The allegation of assault upon the police party is against co-accused Kistoi Yadav.

Regards being had to the submission made on behalf of the parties and taking into consideration the material on record and the fact that the allegation against the petitioner is general and omnibus in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

The application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection K. Hat (Maranga) Police

Patna High Court CR. MISC. No.17367 of 2023(2) dt.30-05-2023 3/3 Station Case No. 1037 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) Mayank/Prabhakar Anand U T