Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43341 of 2022 Arising Out of PS. Case No.-99 Year-2021 Thana- TANKUPPA District- Gaya ====================================================== SHIVAM KUMAR S/o Dilip Lal R/o village- Bartara, P.S.- Tankuppa, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 188, 341, 342, 323, 326, 307, 333, 337, 338, 353, 504, 506 and 427 of the Indian Penal Code and Section 9 of the Control of the Use and Play of Loudspeaker Act, 1953. Allegation against the petitioner is that he along with about 100 persons is said to have assembled and started pelting bricks upon the police personnel.

Patna High Court CR. MISC. No.43341 of 2022(2) dt.29-11-2022 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 29.09.2022 passed in Cr. Misc. No. 37219 of 2022. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tankuppa P.S. Case No. 99/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.