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Patna High CourtCR. MISC./23196/2025bail granted

Anand Raja @ Aanand Raja v. The State Of Bihar

2025-04-11Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23196 of 2025 Arising Out of PS. Case No.-150 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== Anand Raja @ Aanand Raja S/O Ashok Kumar Resident of Station road, P.S.- Khusrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-04-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner apprehends his arrest in connection with Khusrupur Police Station Case No. 150 of 2020, dated 02.05.2020, registered for the offence punishable under Sections 188, 269, 270, 271, 353 of the Indian Penal Code and Section 52 of the Disaster Management Act read with Section 3 of the Epidemic Act.

3. The prosecution case, as per First Information Report, the police, in course of patrolling, arrived near Khushrupur Bazar and found that during lockdown/Corona period, the petitioner was having his shop opened and was selling products from his departmental shop. Altogether eight shopkeepers were found to be violating the Epidemic Act

Patna High Court CR. MISC. No.23196 of 2025(2) dt.11-04-2025 2/3 and the Corona guidelines.

4. Learned Counsel for the petitioner submits that on the request of local people in order to provide them the essential commodities, the shop was opened with permission for a few hours. He next submits that the allegation against the petitioner is frivolous in nature and the petitioner has been implicated by the police with oblique motive. He further submits that similarly situated co-accused persons, namely, Vijay Kumar (by order, dated 19.12.2022, passed in Criminal Misc. No. 59213 of 2022), Dinesh Kumar (by order, dated 15.05.2023, passed in Criminal Misc. No. 2439 of 2023) and Mahesh Kumar (by order, dated 28.07.2023, passed in Criminal Misc. No. 29171 of 2023) have been granted anticipatory bail by different Benches of this Court, including this Court.

5. Regards being had to the submissions made by the parties, taking into consideration the material on record and the fact that similarly situated co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant anticipatory bail to the petitioner.

6. This application is, accordingly, allowed.

7. Let the petitioner, named above, in the event of arrest or

Patna High Court CR. MISC. No.23196 of 2025(2) dt.11-04-2025 3/3 surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna City, Patna, in connection with Khusrupur Police Station Case No. 150 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √