Bambam Preet And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40321 of 2016 Arising Out of PS.Case No. -98 Year- 2015 Thana -TATARPUR District- BHAGALPUR ======================================================
1. Bambam Preet son of Jaikant Kunwar Resident of Village-Laugai P.S.- Amarpur, District banka, at Present C/o Mahendra Singh Lodge, Naya Tola Parbatti P.S.-University, District-Bhagalpur
2. Rajesh Kumar @ Raja Mandal son of Binod Mandal Resident of Mohalla- Parbatti, P.S.-Tatarpur (University), District Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar Jha, Advocate For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-10-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend arrest in connection with Tatarpur (University) P.S. Case No. 98/15 (G.R. No. 2836/15) for offences alleged under Sections 147, 353, 149, 447, 506 of the Indian Penal Code.
The prosecution case, as lodged by the Principal of P.N.B. College, Bhagalpur, is that petitioners along with 15-20 anti-social elements entered the college premises and caused hindrance in discharge of official duties. They also insisted to take illegal admissions in the college and petitioner no. 2 has been named in the First Information Report.
Patna High Court Cr.Misc. No.40321 of 2016 (2) dt.19-10-2016 2/2 It has been submitted by the learned counsel for the petitioners that they are innocent and have falsely been implicated in the aforesaid case. He submits that petitioners are already on police bail and that Section 353 I.P.C. is not attracted against them. He further submits that there is no instance that the petitioners have misused the police bail and ordinarily the privilege of anticipatory bail should not be denied unless there is allegation of misuse of bail as held by this Court in the case of Mahendra Prasad Singh Vs. State of Bihar since reported in 2004(3) PLJR 491.
Under the aforesaid facts and circumstances, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Amit Ranjan Upadhyay, learned Addl. Chief Judicial Magistrate 7th, Bhagalpur, in connection with Tatarpur (University) P.S. Case No. 98/15 (G.R. No. 2836/15), subject to the conditions as laid down under Section 438(2) Cr.P.C.
Rajesh/- (Nilu Agrawal, J.) U T