Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9995 of 2021 Arising Out of PS. Case No.-92 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== SURENDRA PRASAD SON OF SHIVNATH PRASAD R/O VILLAGEDAHWA, P.S.- DHANAHA, DISTRICT- WEST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-12-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 353 and 504 of the Indian Penal Code. Allegedly, disobeying the protocol of social distancing, the accused persons instigated the people against the administration as a result of which, medical team was abused and threatened. 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. The petitioner has been made accused in the present case due to mistake of fact. Due to local politics, the name of the petitioner

Patna High Court CR. MISC. No.9995 of 2021(2) dt.24-12-2021 2/2 has been involved in the present case. The informant & his associates just to safeguard his interest, the present case has been instituted against the petitioner who was a Nodal Officer at the time of occurrence. No offence u/S 353 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 of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sonu Kumar, learned Judicial Magistrate-Ist Class, Bagaha, West Champaran in connection with Dhanaha P.S. Case No. 92 of 2020 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