Patna High Court - Orders
Rajiv Kumar vs The State Of Bihar on 25 June, 2020
Author: Sudhir Singh
Bench: Sudhir Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13630 of 2020
Arising Out of PS. Case No.-162 Year-2018 Thana- KANHAULI District- Sitamarhi
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RAJIV KUMAR Son of Mahanth Pandit Resident of Village - Kanhauli, P.S.-
Kanhauli, Distt.- Sitamarhi, Owner of Motorcycle No. BR-30M-1596
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Dinesh Jha
For the Opposite Party/s : Mr.Jagdhar Prasad
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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
2 25-06-2020Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 324, 307, 353, 427, 447, 448, 452, 379, 380, 120(B), 504, 506, 193 of the Indian Penal Code and 3 and 4 of Damage of Public Property Act.
The prosecution case, in short, is that the accused persons, forming an unlawful assembly, blocked the road by burning trees and disturbed the police officials in discharge of Patna High Court CR. MISC. No.13630 of 2020(2) dt.25-06-2020 2/3 their duty.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired as the motorcycle of the petitioner was found close to the place of occurrence. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case. Other co-accused has been granted anticipatory bail vide Annexure-2 to the present application.
On behalf of the State, it is submitted that the petitioner is not named in the F.I.R./complaint case.
Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Kanhauli P.S. Case No. 162/18, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.13630 of 2020(2) dt.25-06-2020 3/3 Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/-
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