Kanhaiya Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2601 of 2021 Arising Out of PS. Case No.-345 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== KANHAIYA PATHAK, SON OF LATE SHRI NIWAS PATHAK, RESIDENT OF VILLAGE - DHAUDAND, P.S. - SASARAM (M), DISTRICT - ROHTAS AT SASARAM ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-11-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 332, 333, 307, 379, 353, 427, 504, 506 of the Indian Penal Code and Section 3(2)(c) of the Prevention of Damage of Public Property Act, 1984.

It appears that considering general and omnibus nature of allegation as well as vagueness of allegation, the learned Sessions Judge has granted anticipatory bail to some other co-accused in A.B.P. No. 733 of 2020. The petitioner's case stands on similar footing. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.2601 of 2021(2) dt.15-11-2021 2/2 Hence, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Sasaram (Mufassil) Police Station Case No. 345 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T