Kamsen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83368 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- ASHTHAWAN District- Nalanda ====================================================== Kamsen Kumar S/O Chhotaki Raut @ Chhotani Raut R/O Village- Chulihari, P.S- Asthawan, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rudra Deo, Advocate For the State :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 127(2), 191(2), 190, 221, 222, 223, 115(2), 117(2), 109, 121(1), 121(2), 132, 324(4), 352, 351(2) and 61(2) of the B.N.S. and Section 3 of the Damage to Public Property Act.

3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons including 200-300 unknwon persons blocked the main road of Noawa and when police went to pacify the matter, all the accused persons became violent and thereafter abused and started pelting stones upon the police party and assaulted police personnel with brick as a result of which some of the police personnel sustained injuries.

Patna High Court CR. MISC. No.83368 of 2024(3) dt.27-01-2025 2/2

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is not named in the F.I.R.. Specific accusation of assault is against F.I.R. named accused persons. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, the fact that petitioner is not named in the F.I.R. and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Nalanda at Biharsharif in connection with Asthawan P.S. Case No. 171 of 2024, subject to condition as laid down under Section 482 of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T