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Patna High CourtCR. MISC./29707/2024allowed

Subhash Prasad @ Subhash Rai @ Subhash Yadav v. The State Of Bihar

2024-06-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29707 of 2024 Arising Out of PS. Case No.-500 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Subhash Prasad @ Subhash Rai @ Subhash Yadav S/o Ramasihasan Ray @ Sinhasan Prasad Yadav @ Ram Shekhar Prasad Yadav R/o vill - Bakarihari, P.S - Dhaka, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2024 Heard the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 353, 379, 411, 225, 201, 34 of the Indian Penal Code and 56 of Mining Act & 4/21 of M.M.D.R. Act.

3.

As per the FIR, petitioner along with other co-accused persons are said to have created nuisance and threatened the informant and other officials and they further caused hindrance in discharging of the official duty.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. He submits that petitioner has already deposited the penalties and fine as

Patna High Court CR. MISC. No.29707 of 2024(2) dt.21-06-2024 2/2 mentioned in the FIR. He further submits that similarly situated co-accused has been granted bail by this Court in vide order dated 14.03.2024 passed in Cr. Misc. NO.16189 of 2024. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dhaka P.S. Case No.500 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T