Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62069 of 2024 Arising Out of PS. Case No.-143 Year-2023 Thana- AGION (GARHANI) District- Bhojpur ====================================================== Prince Kumar Son of Late Jagarnath Ram Resident of Village - Labhuani, P.S.- Agiaon (Garhani), District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suraj Prakash For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 353, 354, 379, 511/34 of the Indian Penal Code.
3. As per prosecution case, the petitioner has created ruckus at the selection site of the Aanganbari Sevika and also locked he informant and other Government Official from inside the Aanganbari Kendra and put
2/4 hindrance in the official discharge of their duty. Due to this, the informant, being the Block Development Officer, had to cancel the selection procedure.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. It is further submitted that the selection process for Anganbari Sevika was going on from 11 A.M. and after the completion of selection process, alleged occurrence took place and lastly, it is alleged that the selection process was cancelled. So, whatever the allegation levelled against the petitioner has been made after the process of selection. Moreover, there is inordinate delay of one week in lodging the F.I.R. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
3/4
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Agiaon (Garhani) P.S. Case no. 143 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VIII, Bhojpur at Ara subject to the conditions as laid down under section 438(2) of the Cr.P.C., with following conditions:- (i) One of the bailors should be close relative of the petitioner.
(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two
4/4 consecutive dates without sufficient reason, his bail bonds shall be cancelled by the learned trial Court.
(iii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court.
(S. B. Pd. Singh, J) Nirajkrs/- U T