Premchandra Kumar @ Premchand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82659 of 2023 Arising Out of PS. Case No.-402 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== PREMCHANDRA KUMAR @ PREMCHAND KUMAR SON OF RAMCHANDRA PRASAD R/O VILLAGE- CHARUI PAR, P.S.- NURSARAI, DISTRICT- NALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ritesh Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.
The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 341, 323, 379, 353, 427, 504, 506, 188 of the IPC.
3.
Allegedly, all the F.I.R. named accused persons including the petitioner and 60-70 unknown persons are alleged to have blocked the road, on account of death of one Abhishek Kumar in road accident and they are also alleged to have been involved in agitation, assaulting the passersby, doing scuffle with the police and obstructing the police in discharge of their duty. 4.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He
Patna High Court CR. MISC. No.82659 of 2023(2) dt.05-01-2024 2/2 has been falsely implicated in this case merely on suspicion. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner was only a member of the mob and he was not involved in any such offence as alleged in the F.I.R. Petitioner has one criminal antecedent. 5.
Learned APP for the State opposed the prayer for bail. 6.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Nursarai P.S. Case No.402 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T