Raj Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18179 of 2023 Arising Out of PS. Case No.-100 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RAJ RAUSHAN KUMAR S/O - MAHENDRA RAM Village- Hirachhapra PO + PS - Adapur Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 307, 353, 427, 379 and 504/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a student.
4. The informant who is the Principal of Motihari Engineering College alleges that on 25.02.2021 at about 07:00 p.m. after completion of examination the students of the college damaged college property and they also committed theft of tools of the laboratory. On 26.02.2021, after completion of the examination all the FIR named accused persons including the
Patna High Court CR. MISC. No.18179 of 2023(3) dt.27-07-2023 2/3 petitioner abused and assaulted the Invigilator and Professor of the College and damaged the vehicles of the Professor on account of which they sustained injuries.
5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and from perusal of the allegation as alleged in the FIR, it would manifest that no specific allegation of committing any overt act is alleged against the petitioner. It is further submitted that petitioner is a student and there was agitation by the students since the questions were not in accordance with the syllabus which led to a ruckus but then petitioner was a mute spectator. It is next submitted that petitioner is a student and in the event if he is sent to judicial custody his entire career would be jeopardized and chances are bright that he may come in contact with hardened criminals.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees
Patna High Court CR. MISC. No.18179 of 2023(3) dt.27-07-2023 3/3 Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Motihari Mufassil P.S. Case No. 100 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T