Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34045 of 2024 Arising Out of PS. Case No.-395 Year-2024 Thana- NAWADA District- Nawada ====================================================== Bittu Kumar Son Of Karu Chaudhary Village- Bhadauni Hatpur, Ps- Town, Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar For the Opposite Party/s :
Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2024
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 offence punishable under Sections 147, 149, 341, 323, 337, 332, 333, 307, 379, 511, 353, 427 of the Indian Penal Code and Section 45 of Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that allegation is of recovery of 5 litres of liquor from the house of Karu Chaudhari. It is further submitted that the informant alleges that when the police reached the house of Karu Chaudhary for arresting him, the accused persons
Patna High Court CR. MISC. No.34045 of 2024(2) dt.13-05-2024 2/3 including the petitioner came in a mob and started pelting bricks and stones on the police, on account of which, some police personnel got injured and the accused were identified by the chowkidar. It is further submitted that allegation of pelting bricks and stone is general and omnibus in nature. It is also submitted that since the house of the petitioner is near the house of Karu Chaudhary, when police personnel came, he also came out of the house to witness what was happened, when he came to be implicated at the instance of chowkidar with whom he is on an inimical term.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, 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.500/- (Rupees five hundred) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nawada Town (Nagar) P.S. Case No.395/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.34045 of 2024(2) dt.13-05-2024 3/3
6. It is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, the present anticipatory bail order shall not be given effect to.
(Satyavrat Verma, J) amit/- U T