Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40979 of 2024 Arising Out of PS. Case No.-300 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Raju Kumar S/o Surya Kumar Singh R/o Village-Hirmiya, P.S.-Rosera, District-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha, Advocate For the State :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-08-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Rosera P.S. Case No. 300 of 2023 instituted under Sections 147, 149, 341, 323, 379, 342 and 356 of the Indian Penal Code lodged on 08.05.2023 by the informant, Ram Vijay Yadav.
3. As per the prosecution story, the allegation is that when the D.J. team wanted to return after performing in the 'Baarat', they were asked to continue. Later, upon intervention of the parties, they were allowed to leave but were intercepted and assaulted. The allegation is that they also snatched the amplifiers. Accordingly, the F.I.R.
4. Learned counsel for the petitioner submit that in the F.I.R, allegation is against unknown, during investigation, one
Patna High Court CR. MISC. No.40979 of 2024(2) dt.09-08-2024 2/3 Arvind Kumar was arrested who in his confession before the police, named this petitioner and accordingly, the FIR. He is a young boy, student and has no role to play in the matter.
5. Learned APP opposes the prayer for bail.
6. Taking into account the submission put forward by the parties as also that FIR is against unknown and his name has come in the confessional statement of co-accused person, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Rosera, in connection with Rosera P.S. Case No. 300 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.40979 of 2024(2) dt.09-08-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T