Banti Kumar @ Abhishek Kumar @ Banti … vs The State Of Bihar on 17 January, 2025

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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
2/2

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
 



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