Naween Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58703 of 2022 Arising Out of PS. Case No.-132 Year-2022 Thana- MEHANDIA District- Jehanabad ====================================================== NAWEEN KUMAR Son of Dewanand Yadav Resident of village - Rampur Koni, P.S.- Mehandia, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 147, 149, 151, 337, 353, 511 of IPC. Allegedly, petitioner along with 20-25 unknown persons, are said to have made protest of the aforesaid Agnipath Scheme by forming unlawful assembly with their common intention and they have attacked upon the police party and they have blocked the road.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to high handedness of the police. No such occurrence, in the manner as alleged, has

Patna High Court CR. MISC. No.58703 of 2022(2) dt.22-12-2022 2/3 ever taken place. The petitioner has been identified by the local chowkidar. However, no specific overt act is said to have been committed by him. The allegation against the petitioner to pelt stone on the informant, poice and their officials. However, no one has sustained any injury. There is general, vague and omnibus allegation against the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mehandia P.S. Case No.132 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T

Patna High Court CR. MISC. No.58703 of 2022(2) dt.22-12-2022 3/3