Patna High CourtCR. MISC./67039/2022bail granted

Vikash Kumar v. The State Of Bihar

2023-04-25Mr. Justice Sanjeev Prakash Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67039 of 2022 Arising Out of PS. Case No.-372 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== VIKASH KUMAR S/o Late Surendra Bhagat R/o Village- Nandanpur, P.S.- Makhdumpur(Tehta O.P.), Distt- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 25-04-2023 Heard both the parties.

2. The petitioner seeks bail in anticipation of his arrest in connection with Makhdumpur (Tehta O.P.) P.S. Case No. 372/2022, dated 18.06.2022, instituted for the offences under Sections 147, 148, 149, 307, 323, 332/337, 338, 342, 353, 427, 435 of the I.P.C. and Section 27 of the Arms Act and Section 3/4 of Public Property Damage Act.

3. Learned A.P.P. for the State opposes the prayer for grant of anticipatory bail.

4. Learned counsel for the petitioner submits that the petitioner was a part of the huge crowd which was protesting against a particular scheme of the Central Government.

5. Taking into consideration above, I am inclined to

Patna High Court CR. MISC. No.67039 of 2022(2) dt.25-04-2023 2/3 grant anticipatory bail to the petitioner, namely, Vikash Kumar, and in the event of arrest, he shall be released on bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are held as under:- (i) The petitioner shall cooperate with the investigation and make himself available for interrogation whenever required.

(ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer, (iii) The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv) The petitioner shall maintain law and order; (v) The petitioner shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; (vi) The petitioner shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect

Patna High Court CR. MISC. No.67039 of 2022(2) dt.25-04-2023 3/3 before the investigating officer;

(vii) The petitioner shall regularly remain present during the trial and cooperate with the Hon'ble Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) Suraj/- Item No. 94 U