Nishant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43403 of 2023 Arising Out of PS. Case No.-276 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Nishant Kumar Son of Brij Mohan Singh, Resident of village - Lanka Kachhuara, P.S. - Gaurichak, Distt. - Patna ... ... Petitioner
Versus
The State Of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Dheeraj Kumar, Advocate For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking prearrest bail in connection with Gaurichak P.S. Case No- 276 of 2022 registered for the offences punishable under Sections 147, 149, 341, 323, 504, 506, 307, 427, 353, 283, 332, 333 of the Indian Penal Code and 3⁄4 of the Prevention of Damage to Public Property Act, 1984. He has got two criminal antecedents.
3. Learned counsel for the petitioner submits that petitioner along with other co-accused persons blocked the road of village- Lanka Kachuara. They then broke the glass of the vehicles on the road and even abused and disturbed the police force on duty.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.43403 of 2023(2) dt.04-08-2023 2/3 case. It is submitted that there is no specific allegation against the petitioner.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the submission that the petitioner is named amongst hundred of persons who were involved in demonstration with the dead body of Jitendra Kumar against the police and sixteen similarly situated co-accused persons have been granted privileged bail vide Annexure '2' to this application, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Gaurichak P.S. Case No- 276 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Learned A.C.J.M.- IV Patna City, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.43403 of 2023(2) dt.04-08-2023 3/3 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) tusharika/- U T