Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65155 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- GHOSI District- Jehanabad ====================================================== Sujit Kumar, Son of Upendra Prasad Resident of Village- Arhit, Police Station- Ghoshi (Okari), District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-10-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ghoshi (Okari) Police Station Case No. 78 of 2019, disclosing offences under Sections 341, 427, 353, 307/34 of the Indian Penal Code.

The allegation against the petitioner, as per the First Information Report lodged by the S.I. of Police, is that while the police was on patrolling duty and reached near the Karua road, they noticed that about 10-12 persons were standing on the left side of road with lathis in their hands. Upon asking, it has been alleged that they attacked the police, which resulted in the damage of police jeep. The police identified the petitioner and two other persons.

Patna High Court CR. MISC. No.65155 of 2019(2) dt.24-10-2019 2/3 Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case by the police due to oblique motive. He further submits that upon perusal of the First Information Report, no offence under Section 307 of the Indian Penal Code is made out inasmuch as the allegation is that the petitioner and others allegedly attacked, which resulted in damage to the police jeep. It has further been alleged that co-accused has already been granted bail by this Court vide order dated 21.08.2019 passed in Cr. Misc. No.51675 of 2019.

After having heard learned Counsel for the parties and taking into consideration the fact that no police personnel has received any injury in the alleged attack by the petitioner and others and co-accused has been granted bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Sujit Kumar, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge-I, Jehanabad, in connection

Patna High Court CR. MISC. No.65155 of 2019(2) dt.24-10-2019 3/3 with Ghoshi (Okari) Police Station Case No. 78 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J) sanjeev/- U T