Patna High Court – Orders
Banti Kumar @ Abhishek Kumar @ Banti … vs The State Of Bihar on 17 January, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78887 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Banti Kumar @ Abhishek Kumar @ Banti Kumar Patel Son of Ram Pal Singh R/Vill-Bahadurra, P.S.-Chand, Dist-Kaimur (Bhabua) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar Mishra For the Opposite Party/s : Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 17-01-2025
1. 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, 341, 342, 323, 325, 307, 332, 333, 353, 504, 171(c), 171(F)
and 427 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that during Lok Sabha elections, an information was
received that miscreants were creating disturbance at Booth No.
62, accordingly, the police force reached when hundred of accused
persons surrounded the force and pelted stones causing injury to
constable, Mithlesh, Suraj and Satendra, further, 8 accused were
apprehended from the spot and local Chowkidar based on
videography identified 17 accused persons including the petitioner.
Patna High Court CR. MISC. No.78887 of 2024(2) dt.17-01-2025
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4. Learned counsel for the petitioner next submits that
petitioner has been falsely implicated in the instant case by the
informant. It is also submitted that no specific allegation is alleged
against the petitioner. It is next submitted that petitioner resides
nearby to the place of occurrence and on hearing ruckus created by
miscreants, petitioner out of inquisitiveness, went to the place of
occurrence when he came to be implicated. It is also submitted
that the petitioner is not a criminal, but is a student.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event
of his arrest or surrender before the learned trial court within a
period of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Chand P.S. Case No. 89 of 2024 subject to the
conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
Rishabh/-
U T