Rupak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53561 of 2018 Arising Out of PS.Case No. -446 Year- 2018 Thana -NAWADA District- NAWADA ======================================================

1. Rupak Kumar S/o Ramanuj Prasad, R/o Mohalla- New Area, Hanuman Nagar, P.S.- Nagar, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 337, 353, 283, 285 and 427 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons blocked Prajatantra Chowk against the arrest of Jitendra Pratap @ Jitu in connection with a case. They were burning tyres and raising slogan against the police.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that a person belonging to Bajrang Dal was arrested by the police.

Patna High Court Cr.Misc. No.53561 of 2018 (3) dt.09-10-2018 On the said arrest, the local residents protested against the police. Altogether 23 persons are named in the FIR along with 100 unknown persons. No specific overt act has been attributed against the petitioner. General and omnibus allegation has been made against the petitioner. None is said to have been injured in course of occurrence. No offence u/S 307 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Nawada Town P.S. Case No. 446 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T