Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29195 of 2024 Arising Out of PS. Case No.-387 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Raja Kumar SON OF MITHU SADA Resident of village -chouvaniya Mushahari PS- (Patarghat OP) Sour Bazar Distrcit -Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Singh For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2024

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, 149, 341, 323, 120(B), 332, 333, 353, 427, 379, 307, 426, 436, 504 and 506 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. It is further submitted that one Dilip Sada who was in judicial custody died during the course of treatment, on account of which a mob gathered at the jail gate and pelted stone and indulged in brick batting, it is further submitted that allegations of pelting stone and brick batting are general and omnibus in nature, i.e. there is no specific allegation of assault against the petitioner. It is next

Patna High Court CR. MISC. No.29195 of 2024(3) dt.23-08-2024 2/2 submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by this Court in Criminal Miscellaneous No. 22574 of 2024 (Bhushan Sada & Ors. Vs. The State of Bihar).

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sour Bazar (Patarghat OP) P.S. Case No. 387 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T