Amit Kumar @ Amit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31414 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Amit Kumar @ Amit Yadav Son of Mahendra Yadav Resident of Nayachak, Golki More, Police Station- Ram Krishna Nagar, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yogesh Kumar For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Ram Krishna Nagar P.S. Case No. 97 of 2024 registered for the offences punishable under Sections 147, 148, 149, 307, 504, 382, 353 and 427 of the Indian Penal Code.
3. As per prosecution case, informant along with police party reached at the place of occurrence and they saw 400-500 local residents were assaulting the two miscreants. It is alleged that in the process of rescuing the two miscreants, the police party were attacked by local people. It is further alleged that on the basis of CCTV footage and secret information, petitioner is one among them who is said to have attacked the police party and instigated the crowd.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.31414 of 2024(2) dt.21-05-2024 2/2 petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. He further submits that there is no specific overt-act attributed against the petitioner. Petitioner is merely a member of mob.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st , Class-15, Patna in connection with Ram Krishna Nagar P.S. Case No. 97 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Alok Kumar Pandey, J) vashudha/- U T