Patna High Court - Orders
Shridhar Kumar vs The State Of Bihar on 30 June, 2020
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14454 of 2020
Arising Out of PS. Case No.-33 Year-2016 Thana- BARH District- Patna
======================================================
SHRIDHAR KUMAR Son of Diensh Pandit Resident of Village - Berhna
Shanti Tola, P.S.- Barh, Distt - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey
For the Opposite Party/s : Mrs. Anita Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
2 30-06-2020The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and Mrs. Anita Kumari Singh, learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Barh P.S. Case No. 33 of 2016 for the offence registered under Sections 342, 323, 307, 504, 506, 427, 447/34 of the Indian Penal Code.
The allegation is regarding the accused persons having forcibly entered into the school premises in question on the eve of republic day wehreafter they had assaulted the informant as also had abused the girl students present there. Patna High Court CR. MISC. No.14454 of 2020(2) dt.30-06-2020 2/3 The learned counsel for the petitioner has submitted that admittedly as per the FIR, the main accused is one co-accused person namely Suman Kumar, who had assaulted the informant by bat, however, as far as the petitioner is concerned, a general and omnibus allegation has been levelled against him. It is further submitted that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner and taking into account the fact that the main assailant is Suman Kumar and a general and omnibus allegation has been levelled against the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.
Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Barh, District-Patna in Patna High Court CR. MISC. No.14454 of 2020(2) dt.30-06-2020 3/3 connection with Barh P.S. Case No. 33 of 2016 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/-
U T