Arun Kumar @ Arun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86588 of 2023 Arising Out of PS. Case No.-315 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== ARUN KUMAR @ ARUN YADAV S/O MAHESH YADAV R/O VILLAGEBISHUNPUR, P.S- NOORSARAI, DISTT.- NALANDA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad, Adv.
For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 188, 341, 323, 332, 333, 337, 338, 353, 356, 357, 307, 427 of the Indian Penal Code, Section 27 of the Arms Act, Section 3 of Prevention of Damage of Public Property Act, 1984 and Section 51 of Disaster Management Act.
3. Allegedly, all the accused persons including the petitioner are said to have pelted stones on the police party when they asked the accused persons to follow the guidelines of Covid-19.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.86588 of 2023(2) dt.06-02-2024 2/3 that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against another co-accused. Petitioner was not present at the spot. He has been made accused in the present case merely on suspicion. Similarly situated co-accused persons have been granted anticipatory bail by different coordinate Bench of this Court. He has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, as similarly situated co-accused have been granted anticipatory bail, 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 Noorsarai P.S.
Patna High Court CR. MISC. No.86588 of 2023(2) dt.06-02-2024 3/3 Case No. 315 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T