Bhannu Kumar @ Bhanu Kumar @ Bhanu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70997 of 2024 Arising Out of PS. Case No.-231 Year-2023 Thana- CHANDRADIP District- Jamui ====================================================== Bhannu Kumar @ Bhanu Kumar @ Bhanu Singh Son of Late Fosan Singh @ Late Rajendra Singh Resident of Village - Sonkhar, P.S. - Chandradeep, District - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad, Adv.
For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Chandradeep P.S. Case No. 231 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 225, 333, 307, 337, 338, 353, 427, 504, 506 of the Indian Penal Code.
3. As per prosecution case, the accusation against the petitioner along with other co-associates is of pelting bricks and stones upon the police personnel and also causing damage to the police vehicle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.70997 of 2024(2) dt.27-09-2024 2/3 present case due to dirty politics. He further submits that there is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. No injury has been caused on the person of any of the police personnel in the alleged occurrence. The petitioner has two criminal antecedents as has been stated in paragraph no.3 of the present anticipatory bail application. He further submits that the co-accused viz. Munnu Singh @ Munnu Kumar, Chunnu Singh and Suraj Kumar have been granted anticipatory bail by this Court vide order dated 30.08.2024 passed in Cr. Misc. No. 62071 of 2024.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner, stating that the offence alleged is serious in nature and, hence, he does not deserve grant of privilege of anticipatory bail.
6. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner as also there being no direct allegation of any overt act against the petitioner, let the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail
Patna High Court CR. MISC. No.70997 of 2024(2) dt.27-09-2024 3/3 bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chandradeep P.S. Case No. 231 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) rishi/- U T