Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69205 of 2022 Arising Out of PS. Case No.-845 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAUSHAN KUMAR S/o Akhilesh Prasad Singh @ Akhilesh Singh R/o Akara, PS- Hajipur Sadar, Distt- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Chaudhary, Advocate For the Opposite Party/s :
Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner is named in F.I.R and apprehending his arrest in connection with Hajipur Sadar P. S. Case No. 845 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 353, 427, 435, 504, 506 of the Indian Penal Code.
The allegation against the petitioner is to block the road, along with co-accused persons/co-villagers, while lodging protest regarding death of one, Prince Kumar, in road accident. Learned counsel appearing on behalf of the petitioner submitted that allegation against the petitioner is very much general and omnibus and his implication is purely on the basis
Patna High Court CR. MISC. No.69205 of 2022(2) dt.01-05-2023 2/2 of input as provided by local chowkidar. It is submitted that the basis of implication is hearsay input, where save and except suspicion nothing survives against this petitioner. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.
Learned APP for the State opposes the prayer of anticipatory bail.
Considering the aforesaid facts and circumstances, as the basis of implication appears hearsay, founded over suspicion, let above named petitioner, in the event of his arrest or surrender before learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned Court, in connection with Hajipur Sadar P. S. Case No. 845 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T