Pappu Kumar @ Prasant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77584 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- DIGHA District- Patna ====================================================== PAPPU KUMAR @ PRASANT KUMAR Son of Dharmendra Rai Resident of Mohalla-Polson Road Digha, P.S-Digha, District-Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamlesh Prasad Yadav, Adv For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-01-2020 Heard learned counsel for the petitioner and the learned APP for State.
Petitioner apprehends arrest in connection with Digha P.S. Case No. 44 of 2019, instituted for the offence under Section(s)144, 145, 146,147,148,149,188,114,115,342,323,307, 353, 186, 332, 333, 336, 337, 338, 427 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution story alleges that the residents of the locality, including the ladies and children have resorted to brick bat upon officials so as to obstruct their efforts to remove encroachment from lands of the Bihar State Housing Board. It is submitted by the petitioner's counsel that the petitioner is a student of Intermediate and that merely, on suspicion, he has been implicated in the instant case. He has no
Patna High Court CR. MISC. No.77584 of 2019(3) dt.06-01-2020 2/3 criminal antecedents and his name has been dragged in the prosecution on suspicion as also in another case having similar allegations in respect of occurrence which took place on the next day i. e. on 20.01.2019. The Digha P. S. Case No. 46 of 2019 was lodged in respect of the occurrence on the next date. The learned APP for the State opposed the prayer for bail. Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the court below, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Digha P. S. Case No.
44 of 2019, in connection with Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each
Patna High Court CR. MISC. No.77584 of 2019(3) dt.06-01-2020 3/3 date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T