← Library
Patna High CourtCR. MISC./11666/2024allowed

Bikash Kumar @Bikarsh Mandal @Vikash Kumar v. The State Of Bihar

2024-03-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11666 of 2024 Arising Out of PS. Case No.-90 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== Bikash Kumar @Bikarsh Mandal @Vikash Kumar S/O Naresh Mandal R/O Village-Jhiktiya (NAWTOLIYA), P.S.-MAHESHKUNT, District-Khagaria (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 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, 153(a), 307, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, on telephonic information, the Circle Officer along with other proceeded to village-Bari Jhiktia and found that people of two different religious communities were assembled there, numbering 100 to 150, having armed with lathi, danda, brick and stick. The informant ordered them to go from there but they began to give the slogan of their respective religion and started assaulting each other, but later on it was controlled by the police authority.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.11666 of 2024(2) dt.12-03-2024 2/2 the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner, he is only the member of mob. Petitioner has four criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, 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 Maheshkhunt P.S. Case No. 90 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T