Prabhat Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58782 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- MADHEPUR District- Madhubani ====================================================== Prabhat Kumar Singh S/o Kamal Narayan Singh Resident of VillageKarhara, P.S.- Bheja, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Jha Raman, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Madhepur P.S. Case No. 77 of 2019, registered under Sections 341, 323, 353, 504 and 34 of the Indian Penal Code. The allegation against the petitioner, as per FIR, is that the petitioner obstructed in the official duty of the informant, who is working as Account Assistant in the Block Office, Madhepur.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present matter, inasmuch as petitioner had submitted an application under Right to Informant Act and on the date of occurrence he had gone to Block Office in order to inquire about the information sought by

Patna High Court CR. MISC. No.58782 of 2019(2) dt.18-09-2019 2/2 him and outcome of the application under Right to Informant Act. He further submits that the informant insisted the petitioner to withdraw this application and due to which false case has been lodged by the informant.

After having heard learned counsel for the parties and taking into consideration the fact that the petitioner had sought an information under Right to Information Act in the Block Office, I am inclined to grant anticipatory bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate - Ist Class, Jhanjharpur, Madhubani in connection with Madhepur P.S. Case No. 77 of 2019; subject to condition as laid down hereinabove and under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) S.Katyayan/- U T