Guddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72118 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- VISHNUPAD District- Gaya ====================================================== Guddu Kumar, Son of Chandrika Ravidas, Resident of VillageGhughariyatand, P.S- Vishnupad, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prithivi Raj Singh For the Opposite Party/s :
Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 333, 353, 504 and 506 of the I.P.C., Section 27 of the Arms, Section 37 of the Excise Act and Sections 6/9 of Loudspeaker Act, 1955
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that for maintaining law and order, the police team reached near Ghughritand Chhattu Bigha and when they reached near a Mosque, some members informed that on occasion of Ravidas ceremony people are playing unethical sound on account of which, their prayers are getting disturbed.
Patna High Court CR. MISC. No.72118 of 2024(2) dt.05-10-2024 2/3 Accordingly, the police team reached Ravidas Tola and saw that some miscreants were playing music and dancing and when they asked the miscreants to restrain, when it is alleged that they indulged in brick-batting and even started pelting stones on account of which, some police personnel sustained grievous injury and the miscreants even fired. Thereafter, it is alleged that motorcycles along with 11 sound boxes, three amplifier, two auto cut stabilizers, two empty cartridges of .315 bore were seized from the place of occurrence along with the other articles.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that it is not the case of the prosecution that petitioner was found drunk. It is next submitted that petitioner resides near the place of occurrence, as such, his motorcycle was found parked which was seized. It is further submitted that even allegation of firing is general and omnibus in nature and no one was injured, which amply demonstrates that the said allegation has been alleged only to give serious colour to the case. It is further submitted that though in the FIR, it is alleged that police personnel sustained grievous injury, but then, injury is not discussed in the order impugned. It is next
Patna High Court CR. MISC. No.72118 of 2024(2) dt.05-10-2024 3/3 submitted that no police personnel were injured.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.4, Gaya in connection with Vishnupad P. S. Case No.68 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T