Deepak Kumar Bharti @ Deepak Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30894 of 2024 Arising Out of PS. Case No.-47 Year-2023 Thana- EKMA District- Saran ====================================================== Deepak Kumar Bharti @ Deepak Bharti S/O Prakash Bharti @ Dipuri Bharti R/O Village- Gauri Ke Mathiya, P.S- Manjhi, Distt.- Saran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Singh For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Ekma P.S Case No. 47 of 2023 dated 06.02.2023 registered for the offence punishable u/s 147, 148, 149, 113, 188, 193, 504 and 506 of the Indian Penal Code and Sections 67B(ii) of the I.T. Act.
3. As per the prosecution case, the petitioner along with 40-50 unknown persons was unlawfully assembled near Ekma Block and were trying to create nuisance in the society.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.30894 of 2024(2) dt.02-08-2024 2/3 that the petitioner has falsely been implicated in this case. It is further submitted that there is general and omnibus allegation against the petitioner. Learned counsel further submitted that from bare perusal of the F.I.R., it would appear that the co-accused namely Hare Ram Yadav was apprehended by police who disclosed the name of the petitioner. It is further submitted that petitioner was not a member of unlawful assembly and did not deliver speech. The co-accused person has already been granted anticipatory bail by this Court vide order dated 13.12.2023 passed in Cr. Misc No. 75772 of 2023. The petitioner has one 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, 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
Patna High Court CR. MISC. No.30894 of 2024(2) dt.02-08-2024 3/3 satisfaction of the learned court concerned, Chapra in connection with Ekma P.S Case No. 47 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