Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1636 of 2022 Arising Out of PS. Case No.-681 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== VIJAY KUMAR Son of Sri Nand Kishore Sharma Residing at 17- New Road, Uttari Sangat, Kumhar Toli, Ward No.06, P.S.- Phulwarisharif, District/ TownPatna- 801505. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Renu Jha, Adv.

Mr. Shashi Kumar, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Phulwarisharif P.S. Case No. 681 of 2021 registered under Sections 147, 148, 181, 353/34, u/s 3⁄4 of Epidemic Deceased & Section 3⁄4 of Loud Speaker Act, 1955.

Allegedly, the petitioner along with a mob participated in the procession during lock down and violated the guidelines of SOP. The loudspeakers were also used in the procession. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.1636 of 2022(2) dt.24-03-2022 2/2 The petitioner has been falsely implicated in the present case. As per the allegation, a mob was participating in the procession during lockdown. The alleged occurrence is said to have taken place on 1908-2021 but from perusal of Annexure-3 to this application, it is evident that on that very day the petitioner, being the employee of Electricity Department, had gone for raid against those people who were using the electricity by way of illegal connection. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Patna in connection with Phulwarisharif P.S. Case No. 681 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T