Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67999 of 2022 Arising Out of PS. Case No.-372 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== PREM KUMAR Son of Ashok Malakar @ Ashok Bhagat Resident of Mali Bagicha, Nandanpura, P.S.- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rina Sinha, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 26-04-2023 Heard learned counsel for the parties.

2. The petitioner is apprehending arrest in connection with Makhdumpur (Tehta) P.S. Case No. 372 of 2022 dated 18.06.2022, for the offences punishable under Sections 147/148/149/307/323/332/333/337/338/342/353/427/435 of the Indian Penal Code, section 27 of the Arms Act and Sections 3/4 of the Prevention ot Damage to Public Property Act.

3. Learned APP opposes the prayer of anticipatory bail of the petitioner.

4. Considering the nature of allegations and that there being a protest by several persons relating to Agneepath scheme and co-accused having been granted bail, I am inclined to grant anticipatory bail to the above named petitioner in the event of

Patna High Court CR. MISC. No.67999 of 2022(2) dt.26-04-2023 2/3 arrest, subject to the conditions as laid down under Section 438(2) of the Cr. P.C., which are 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 before the investigating officer; and

Patna High Court CR. MISC. No.67999 of 2022(2) dt.26-04-2023 3/3 VII. The petitioner shall regularly remain present during the trial and cooperate the Court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) Ashwini/- Item No.79 U