Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84905 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- MEHANDIA District- Jehanabad ====================================================== DEEPAK KUMAR S/o- Ram Ayodhya Sav Resident of Village- Jaipur, Nai Bazar (Nai Bazar), P.S.- Mehandia, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Mehandia P.S. Case No. 91/2019 registered under Sections 341, 323, 324, 353, 307, 427, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that on bare perusal of the first information report, it would appear that while petitioner was moving on the motorcycle and the motorcycle was having some speed, the informant in the name of checking of the motorcycle creating obstruction on the road and because of which the motorcycle met with an accident. It is submitted that the manner in which the running motorcycle was tried to stop by the police personnel resulted in the accident and

Patna High Court CR. MISC. No.84905 of 2019(2) dt.08-01-2020 2/3 further when the same was protested by the petitioner and others who assembled at the alleged place of occurrence, the present case has been lodged against the petitioner. It is also submitted that the injury report enclosed as Annexure '2' would show only superficial injuries which may be caused in course of accident. Learned A.P.P. for the State is present and submits that it appears from reading of the F.I.R. that the police personnel wanted to stop the petitioner because he was not wearing Helmet.

Considering the facts and circumstances of the case and the nature of the allegations and kind of injuries being superficial, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner 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 C.J.M., Arwal, in connection with Mehandia P.S. Case No. 91/2019, 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;

Patna High Court CR. MISC. No.84905 of 2019(2) dt.08-01-2020 3/3 (ii) a condition that the person shall not, directly 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