Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74638 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== Guddu Kumar S/o Asalekh Chaudhary R/o Village- Ramzanpur, Barbigha, P.S.- Barbigha, Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar Choudhary For the Opposite Party/s :

Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-11-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Asthawan Police Station Case No. 156 of 2024, disclosing offences under Sections 191(2), 190, 223, 196, 299, 61(2) of the B.N.S.

3. As per the prosecution case, on 17.07.2024, on the occasion of Moharram festival, six-seven motorcycles came from Barbigha side and two persons were sitting on each motorcycle. The motorcycle riders came near the Moharram procession and started chanting Jai Shree Ram loudly. It has further been alleged that when the informant with the help of police party tried to catch the persons sitting on the motorcycle, they fled away after leaving the motorcycles at the place of

Patna High Court CR. MISC. No.74638 of 2024(2) dt.13-11-2024 2/3 occurrence. Five motorcycles were seized by the police on the place of occurrence.

4. Learned Counsel for the petitioner submits that the petitioner is having no criminal antecedent and has falsely been implicated in this case on the basis of disclosure of his name by one person who was subsequently arrested on the basis of his being the owner of the motorcycle which was seized from the place of occurrence. The motorcycles seized on the place of occurrence do not belong to the petitioner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is having no criminal antecedent and he is not the owner of the motorcycles which were seized from the place of occurrence, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, 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 Sessions Judge, Nalanda, Bihar Sharif, in connection with Asthawan Police Station Case No. 156 of 2024,

Patna High Court CR. MISC. No.74638 of 2024(2) dt.13-11-2024 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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