Uday Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22973 of 2025 Arising Out of PS. Case No.-508 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== Uday Kumar S/O Braj Bhushan Rai Resident of Village- Bharathmata Chowk, Malighat, P.S.- Mithanpura, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan, Adv.
For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in connection with Mithanpura P.S. Case No. 508 of 2023 dated 13.11.2023 for the offences punishable u/ss 341, 323, 324, 307, 353, 504 read with Section 34 of the Indian Penal Code and u/s 37 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, some unknown miscreants were causing ruckus near the Bharat Mata Temple under intoxicated condition. When police went there for inquiry, they caused hindrance in the discharge of their official duty and started scuffling with the police personnel and thereafter started assaulting them with bricks and stones and one of the accused
Patna High Court CR. MISC. No.22973 of 2025(2) dt.04-07-2025 2/3 persons bit the finger of the Prabhakar Kumar.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was transpired in this case only on the basis of the confessional statement of the coaccused, Hari Shankar. The petitioner has no concern with the alleged offence. Nothing has been recovered from the conscious possession of the petitioner, hence no case is made out. The coaccused person has already been granted anticipatory bail by this court vide order dated 18.04.2024 passed in Cr. Misc. No. 27054/2024. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
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 as well as the nature of allegation against the petitioner, 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, Muzaffarpur in connection with Mithanpura P.S. Case No. 508
Patna High Court CR. MISC. No.22973 of 2025(2) dt.04-07-2025 3/3 of 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) Gautam/- U T