Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61663 of 2024 Arising Out of PS. Case No.-97 Year-2023 Thana- SINGHESHWAR District- Madhepura ====================================================== Kundan Kumar, Son of Dayashankar Roy, Resident of Village - Majarhat, P.S. -Singheshwar, District - Madhepura (Hosteler of B.P. Mandal College of Engineering, District- Madhepura), Permanent Address - Village - Sonki, P.S.- Darbhanga Sadar, District- Darbhanga.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party :

Mr. Dilip Kumar No. 1,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Singheshwar P.S. Case No. 97/2023 dated 11.04.2023 registered for the offences punishable under Sections 147, 149, 341, 342, 323, 353, 504, 506 and 509 of the I.P.C.

3. As per the prosecution case, the petitioner and the other co-accused persons alongwith 40-50 students committed mischief in the B.P. Mandal Engineering College, Madhepura, and confined the teachers and employees including lady officials inside the office and college rooms by locking from

Patna High Court CR. MISC. No.61663 of 2024(2) dt.04-10-2024 2/3 outside. It is further alleged that the mob of students committed misbehave and scuffled with the teachers and staffs of the college.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that there is no specific allegation against the petitioner. There is general and omnibus allegation against the petitioner. The petitioner is a bonafide student of the said College and he is studying in Class-6th Semester of B.Tech Class, Sessions 2020-24. He was not present on the alleged date and time of occurrence. He has no concern with the alleged office. The other co-accused person, Aman Raj, has already been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 79484 of 2023 under order dated 24.01.2024, annexed as Annexure-2 to the present bail petition. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

5.Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender before the learned court below within a period

Patna High Court CR. MISC. No.61663 of 2024(2) dt.04-10-2024 3/3 of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhepura, in connection with Singheshwar P.S. Case No. 97/2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T