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Patna High CourtCR. MISC./39026/2017dismissed

Kripanath Mahapatra v. The State Of Bihar

2017-08-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39026 of 2017 Arising Out of PS.Case No. -219 Year- 2016 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Kripanath Mahapatra, Son of Hari Shankar Jha, Resident of Village and Post Office- Barharwa, Police Station- Babubarhi, District- Madhubani, at present Pavini Hostel, Kameshwar Singh Darbhanga Sanskrit University, Police Station- Lalit Narayan Mithila University, District- Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in L.N.M.U P.S. Case No. 219 of 2016 instituted for the offence under Sections 143. 341, 342, 427, 353 and 427of the Indian Penal Code. As per written report lodged by Deputy Registrar of Kameshwar Singh Darbhanga Sanskrit University, it is alleged that although, the petitioner was not the student of the University but he has illegally occupied the University Hostel and is residing there. He formed group of unsocial elements and operating himself as a leader for illegal purposes and used to interfere in the University work. He also tried to misbehave with the employees and got the work done illegally from them after giving threat and abusing. It is alleged that on the date of occurrence, petitioner along with 30-40 persons came there and

Patna High Court Cr.Misc. No.39026 of 2017 (3) dt.30-08-2017 2/2 started hulla as also obstructed the syndicate meeting. They also raised slogans and torn the record of the Syndicate and broke University property which caused loss to the University. A notice was served to the petitioner on 23.9.2016 to vacate the room, but he did not vacate and on account of such activity, the atmosphere of the Univesity has become out of control.

Case diary has been received.

The learned A.P.P. after perusing case diary has stated that witness in paragraph-7 of the case diary has fully supported the case. The charge sheet against the petitioner has been submitted by the police.

Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be disposed off by the court below in accordance with law without being prejudiced by this order. (Sanjay Priya, J) S.Ali/- U T