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Patna High CourtCR. MISC./49723/2023bail granted

Aniket Kumar @ Guddu Kumar @ Aniket v. The State Of Bihar

2023-08-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49723 of 2023 Arising Out of PS. Case No.-97 Year-2020 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Aniket Kumar @ Guddu Kumar @ Aniket Son Of Mahesh Prasad R/OSiyarbhuka, P.S.-NEEKCHAK Bathani, Distt.-GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Lalan Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends his arrest in connection with Nimchak Bathani P.S. Case No. 97 of 2020, registered for offence punishable under Sections 147, 323, 353, 270 and 504 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other villagers created hindrance in running the quarantine centre. The accused persons came in drunken state and started abusing and assaulting the officials and employees of the quarantine centre.

4. Learned counsel appearing for the petitioner submits that as a matter of fact petitioner had made complaint to the BDO against the informant and Centre in-charge of quarantine centre regarding ill monitoring of the quarantine

Patna High Court CR. MISC. No.49723 of 2023(2) dt.23-08-2023 2/2 centre and black marketing of the commodities of the centre, due to which informant became furious and lodged this false and fabricated case against the petitioner. There is general and omnibus allegation against the petitioner and no specific overt act has been alleged against him. Co-accused, with similar allegation, has already been allowed pre-arrest bail by a coordinate bench of this Court vide order passed in Cr.Mis.No. 39346/2023. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate X, Gaya in Neemchak Bathani Police Station Case No. 97 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T