Prashant Kumar Dhiraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73744 of 2019 Arising Out of PS. Case No.-573 Year-2016 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== PRASHANT KUMAR DHIRAJ (M), aged about 30 years, Son of Birendra Kumar Resident of Village - Rajauli, P.S.- Baniyapur, Distt - Saran (Chapra) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Kotwali (Adampur) P.S. Case No. 573/2016 registered under Sections 419, 420, 120(B), 34 of the Indian Penal Code and Section 10 of Bihar Conduct of Examination Act, 1981.

Learned counsel for the petitioner submits that petitioner is a student and that he had not participated in the alleged conspiracy as also that the case is of the year 2016, till date no coercive action has been taken against the petitioner.

Learned A.P.P. for the State has opposed the

Patna High Court CR. MISC. No.73744 of 2019(2) dt.25-11-2019 2/3 prayer for anticipatory bail of the petitioner and accepts the factual position of the case.

Considering the facts and circumstances of the case wherein the submission of the petitioner is that he is a student and that he had not participated in the alleged conspiracy as also that the case is of the year 2016, till date no coercive action has been taken against the petitioner and he has not been declared as absconder as stated in paragraph 11 of the present application, let the above-named petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Adampur) P.S. Case No. 573/2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly

Patna High Court CR. MISC. No.73744 of 2019(2) dt.25-11-2019 3/3 or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) Rajeev/- U T