Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73552 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Prince Kumar S/O- Madan Yadav R/O- Village- Narepur Diyara, Ward No.- 15, Sharban Tol, P.O- Bachhwara, P.S.- Bachhwara, Pin- 851111, Dist.- Begusarai.

2.

Duja Kumar @ Aniket Kumar S/O- Madan Yadav R/O- Village- Ward- 15, Sharan Tol, Narepur Diyara, P.S.- Bachchwara, Dist.- Begusarai 3.

Ramtanay Kumar S/O- Ram Udesh Yadav R/O- Village- Ward 15, Sharban Tol, Narepur Diyara, P.S.- Bachchwara, Dist.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alka Singh, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. The petitioners are apprehending their arrest in connection with Bachhwara P.S Case No. 143 of 2022 dated 17.06.2022 registered for the offence punishable u/s 147, 148, 149, 341, 323, 427, 307, 332, 353, 431 and 504 of the Indian Penal Code and under Section 8B of the National

Patna High Court CR. MISC. No.73552 of 2023(2) dt.29-11-2023 2/3 Highway Act, 1956.

4. As per the prosecution case, during protest of 'Agneepath Scheme', 31 named and 100-150 unknown persons, allegedly, assembled and obstructed road traffic, burnt tyres, damaged the vehicles.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that allegations against the petitioners is not specific rather the same is general and omnibus in nature. The petitioners are students. Similarly situated co-accused has already been granted bail by the Co-ordinate Bench of this Court vide order dated 18.05.2023 passed in Cr. Misc. No. 7839 of 2023. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on

Patna High Court CR. MISC. No.73552 of 2023(2) dt.29-11-2023 3/3 furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Bachhwara P.S. Case No. 143 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T