Om Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33453 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Om Prakash Kumar S/o- Sikindar Ram @ Sikandar Ram R/O Vill- Bajitpur Ps- Madhuban Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-09-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 337, 325, 307, 332, 333, 353, 427, 504 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.
4. The informant alleges that on 02.02.2024 an information was received that an accident had taken place at village Vajitpur Chowk and some persons have sustained injuries, accordingly, the informant along with the police force reached the place of occurrence and saw that a vehicle as detailed in the FIR had dashed a hut and the miscreants, who had assembled, had assaulted the driver and inmates of the
Patna High Court CR. MISC. No.33453 of 2024(3) dt.11-09-2024 2/3 offending vehicle and also damaged the vehicle and scuffled with the police force when they tried to take the injured to the hospital. It is further alleged that the miscreants, thus, created obstruction in discharge of official duty and were identified by the Chawkidar.
5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that the FIR has been instituted against 46 named accused persons and 40-50 unknown, as such, it is submitted that it is not possible for the Chawkidar to identify all the miscreants with parentage. It is next submitted that no specific allegation is alleged against the petitioner and the petitioner will not abscond rather will cooperate in the investigation.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.33453 of 2024(3) dt.11-09-2024 3/3 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madhuban P.S. Case No. 42 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T