Patna High CourtCR. MISC./23526/2024bail granted

Rajeeb Kumar v. The State Of Bihar

2024-04-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23526 of 2024 Arising Out of PS. Case No.-123 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== Rajeeb Kumar Son of Sulendra Paswan R/o Village- Azadnagar, P.S.- Asthawan, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Asthawan P.S. Case No. 123/2023 dated 12.05.2023 registered for the offences punishable u/ss 153A, 295A and 109 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with some unknown miscreants is alleged to have hoisted a flag of Mahavir Ji on the land of the graveyard located in Mohini.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that

Patna High Court CR. MISC. No.23526 of 2024(2) dt.22-04-2024 2/2 there is no eye witness of the alleged occurrence. It is further submitted that there is no direct allegation against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nalanda at Biharsharif in connection with Asthawan P.S. Case No. 123/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T