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Patna High CourtCR. MISC./80601/2024bail granted

Shashank Kumar Singh @ Shashank Kumar @ Shankar Kumar v. The State Of Bihar

2024-12-04Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80601 of 2024 Arising Out of PS. Case No.-666 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Shashank Kumar Singh @ Shashank Kumar @ Shankar Kumar S/o Jawahar Prasad Singh R/o Village- Shivpuri, Kachahari Dhala Ward No. 13, P.SSaharsa, Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case No. 666 of 2024, registered for the offences punishable under Sections 352, 351(1), 308(3) and 132 of the Bharatiya Nyaya Sanhita.

3. Allegation against the petitioner is of demand of Rangadari and on refusal he allegedly started abusing and threatened the informant with dire consequences.

4. Learned counsel for the petitioner contended that apart from the fact that the petitioner is a social activist and engaged in raising the issue of corruption and misappropriation of fund in different scheme executed by the Forest Department,

Patna High Court CR. MISC. No.80601 of 2024(2) dt.04-12-2024 2/3 prior to the occurrence he had also filed representation and sent email to Hon'ble Central Minister for Forest and Environment, highlighting therein the corruption and misappropriation. Only on account of the petitioner being a whistle blower, the present FIR has been instituted with a mala fide intent. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the investigation and the proceedings of the Court.

5. On the other hand, learned counsel for the State opposed the bail application and submitted that the petitioner has caused objection in discharge of the public duty apart from abusing and threatening.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 666 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that

Patna High Court CR. MISC. No.80601 of 2024(2) dt.04-12-2024 3/3 one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) rohit/- U T