Abhiram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85310 of 2023 Arising Out of PS. Case No.-353 Year-2022 Thana- HISUWA District- Nawada ====================================================== Abhiram Kumar Son of Matuu Singh@ Mukeshwar Sharma Resident of Village- Daulatpura P.S.- Hisua District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :
Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-01-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Hisua P.S. Case No. 353 of 2022 for the offence registered under sections 143, 148, 149, 341, 323, 353, 427, 283, 504 and 506 of the Indian Penal Code lodged on 17.06.2022 by the informant, Lavkush Kumar.
3. As per the prosecution story, the petitioner who is a student has been alleged in the FIR that he was also the persons in the mob who were agitating to the 'Agnivir' Scheme and on the basis of video footage, he has been rounded of. Accordingly, the FIR.
4. It is the case of the petitioner that he is a student, a passer-by, had no role to play in the matter only because he was
Patna High Court CR. MISC. No.85310 of 2023(2) dt.29-01-2024 2/3 at the wrong place, he has been implicated. He is ready to cooperate in the investigation.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
6. Taking into account the fact that he is a young boy, a student, do not have criminal antecedent and will be cooperating in the investigation, this Court is inclined to extend him privilege of anticipatory bail.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Nawada in connection with Hisua P.S. Case No. 353 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No.85310 of 2023(2) dt.29-01-2024 3/3 bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
8. With the aforesaid observations, the anticipatory bail application stands allowed.
(Rajiv Roy, J) Neha/- U T