Varun Kumar Singh @ Varun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46691 of 2023 Arising Out of PS. Case No.-63 Year-2020 Thana- PIRBAHOR District- Patna ====================================================== VARUN KUMAR SINGH @ VARUN KUMAR Son of Pramod Kumar Singh Resident of village - Minto Hostel, Patna University, P.S. - Pirbahore, Distt. - Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pranoy Kumar For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Pirbahore P.S. Case No. 63/2020 registered for the offences punishable under Sections 188, 147, 148, 149, 341, 323, 307, 379, 427, 353 of the Indian Penal Code and Section 27 of the Arms Act and 3⁄4 of the Explosive Substance Act.
3. As per prosecution case, petitioner is one of the FIR named accused persons alongwith 600-700 unknown persons exploded bombs upon procession and also pelted bricks & stones upon procession, as a result of which, many people became seriously injured.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.46691 of 2023(2) dt.04-08-2023 2/3 petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case due to dirty University Students' Union politics. Petitioner bears criminal antecedent of two cases. He further submits that from perusal of the FIR, it appears that there is no specific allegation against the petitioner and no incriminating has been recovered from the conscious possession of the petitioner. The allegations against the petitioner are general and omnibus in nature. The petitioner has no concern with the alleged occurrence whatsoever, the present FIR has been lodged by the informant to harass the petitioner. He further submits that on similar allegation co-accused Raja Gupta @ Raja has been granted anticipatory bail by the co-ordinate Bench of this court vide Cr. Misc. No.15036/2022 and case of present petitioner stand of similar footing.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner has criminal antecedent.
6. Considering the facts and circumstances of the case, there is no specific allegation against the petitioner, coaccused has already been granted anticipatory bail, argument advanced on behalf of both sides and also taking into
Patna High Court CR. MISC. No.46691 of 2023(2) dt.04-08-2023 3/3 consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Patna in connection with Pirbahore P.S. Case No. 63/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Alok Kumar Pandey, J) amitkumar/- U T