Prem Kumar @ Prem Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49161 of 2017 Arising Out of PS.Case No. -104 Year- 2017 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================
1. Prem Kumar @ Prem Kumar Yadav, Son of Vidya Nand Singh, Resident of Village- Chakjenev, P.S.- Bidupur, District- Vaishali, at present 782/B, 1st Floor Gali No. 07, Lakhpat Colony-2, Mithapur Badarpur, New Delhi.
.... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Opposite Party/s : Mr. Asharaf Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner apprehends his arrest in connection with Rajapakar P.S. Case No. 104 of 2017, registered for the offences punishable under Sections 147, 149, 341, 342, 323, 504, 353 & 283 of the Indian Penal Code.
Allegedly, R.J.D. supporters started making slogan and tried to open the door of the vehicle of Deputy Chief Minister, Bihar and when the informant and other police personnel tried to pacify them they were adamant to commit such thing and in that crowd the petitioner and others have been identified that they were leading the mob.
Submission is of false implication and that the petitioner is an Editor of monthly magazine Sampurna Bihar and on that date, time and place he was present there to collect the
Patna High Court Cr.Misc. No.49161 of 2017 (3) dt.11-01-2018 2/2 news, he has no concerned with the political party but police has falsely implicated him in the present case, there is no specific allegation against him. Copy of certificate of registration has been filed, further copy of identity card has also been filed wherein the petitioner has been shown as Editor of Sampurna Bihar magazine. and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.
In the facts and circumstances as stated above, considering that the petitioner is an Editor of monthly magazine Sampurna Bihar and there is no specific allegation against him and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -VII, Vaishali at Hajipur, in connection with Rajapakar P.S. Case No. 104 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T