Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46476 of 2021 Arising Out of PS. Case No.-636 Year-2020 Thana- PATRAKARNAGAR District- Patna ====================================================== SANJAY KUMAR Son of Sri Raj Narayan Singh Resident of K- 158, P.C. Colony, in front of Gopal Tower, Hanuman Nagar, Kankarbagh, P.S. - Patrakar Nagar, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarvan Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioner and the State through virtual mode.

The petitioner is apprehending his arrest in Patrakar Nagar P.S. Case No. 636 of 2020 registered under Sections 341, 323, 353, 504, 506, 34 of the Indian Penal Code. Allegedly, a scuffle took place between the petitioner and

Patna High Court CR. MISC. No.46476 of 2021(2) dt.07-01-2022 2/3 the Municipal Corporation employees on the point of removal of gumti, which is said to be installed on public land. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. There was a Gumti which was being removed by the employees of Municipal Corporation. For the said reason, a scuffle took place between the parties. Learned counsel for the petitioner submits that the Gumti was not on the land of the Municipality.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances of the

Patna High Court CR. MISC. No.46476 of 2021(2) dt.07-01-2022 3/3 case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Patna in connection with Patrakar Nagar P.S. Case No. 636 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T