Gautam Krishna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 83041 of 2023 Arising Out of PS. Case No.-379 Year-2017 Thana- MADHEPURA District- Madhepura ====================================================== Gautam Krishna Son Of Vishnudeo Yadav R/O Mohalla- Godhiyari, Ward No. 4, P.S.- Madhepura, District- Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Madhepura P.S. Case No. 379 of 2017 dated 15.06.2017, instituted for the offence punishable under Sections 147, 341, 342, 353/34 of the Indian Penal Code.

3. The prosecution case, in short, is that a protest was being organised at the DEO office under the banner of Jan Adhikar Chhetra Parisad against irregularities and mischief in the result of the intermediate examination. The main demands of the protestors were to remove the Chairman of B.S.E.B. and to re-examine the papers of three subjects of intermediate.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this

Patna High Court CR. MISC. No. 83041 of 2023(2) dt.10-01-2024 2/2 case. It is further submitted that there is no specific allegation against the petitioner. Learned counsel submitted that the petitioner and other co-accused were doing peaceful procession on the main gate of D.E.O. office without any disturbance and hindrance but the police has falsely implicated them in the present case. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Madhepura P.S. Case No. 379 of 2017, he shall be released on anticipatory bail 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, Madhepura, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T