Ved Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26137 of 2020 Arising Out of PS. Case No.-490 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== VED PRAKASH S/o Sanjay Yadv Resident of Village- Pipra, P.S.- Ram Krishna Nagar, District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr. Satyadeo Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-10-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

Petitioner apprehends his arrest in connection with Ram

Patna High Court CR. MISC. No.26137 of 2020(3) dt.16-10-2020 2/3 Krishna Nagar P.S. Case No. 490 of 2019 instituted for the offence under Section(s) 341, 323,504, 334, 379,147,148,149 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution version is that the petitioner along with others 20 antisocial elements stopped the school bus. They had since earlier been demanding money from the school administration. It is, in this process that the petitioner along with other accused persons have attacked the school bus with arms and snatched the licensee guns of the informant. The petitioner's counsel submits that petitioner implication is false as would be evident from the fact that the FIR has been sent to the Court seven days after its institution. There is also a counter version; and the police also have lodged a case in connection with the same occurrence in which the prosecution side as well as the petitioner has been made accused.

The learned APP has drawn the attention of the Court towards the criminal antecedents of the petitioner. He is also accused in three cases mentioned in para 3 of the application. The allegation is of stopping the school bus and jeopardizing the safety of the school. Considering the nature of allegation, the petitioner may not be allowed the privilege of anticipatory bail.

Patna High Court CR. MISC. No.26137 of 2020(3) dt.16-10-2020 3/3 Considering the rival submissions, this Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

Prayer for anticipatory bail is rejected.

This Court would, however, observe that if the petitioner surrenders in the Court below, the prayer for bail upon surrender shall be considered in accordance with law expeditiously. (Madhuresh Prasad, J) shyambihari/- U