Shandeep Kumar vs The State Of Bihar
2021 Latest Caselaw 1415 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32852 of 2020
     Arising Out of PS Case No.-53 Year-2013 Thana- GOPALPUR District- Gopalganj
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Shandeep Kumar, age about 40 years (male), Son of Yogendera Sah @ Yogendra Prasad, Resident of Village-Semra Bajar, PS-Gopalpur, District- Gopalganj.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Prasad, Advocate For the State : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Harendra Prasad, learned counsel for the

petitioner and Mr. Mukeshwar Dayal, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Gopalpur PS Case No. 53 of 2013 dated 22.03.2013, instituted

under Sections 147, 148, 149, 342, 452, 323, 324, 307, 109, 353,

333, 379, 380, 337, 338, 435, 436, 427 and 120B of the Indian

Penal Code.

4. The allegation against the petitioner is that he was

part of a mob which had entered the police station and assaulted Patna High Court CR. MISC. No.32852 of 2020 dt.12-03-2021

police personnel and also damaged the vehicle, arsenal and

government property worth Rs. 2,00,000/-.

5. Learned counsel for the petitioner submitted that the

FIR was of the year 2013 and he was not aware of the same and

further that even he was not present at the place of occurrence as

he runs a kirana shop next to the police station. It was submitted

that the petitioner has no criminal antecedent and there is general

and omnibus allegation against 32 named accused, including the

petitioner, and 200 unnamed persons.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Judicial Magistrate, 1st Class, Gopalganj in Gopalpur PS

Case No. 53 of 2013, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute bond

with regard to good behaviour of the petitioner, and (iii) that the

petitioner shall also give an undertaking to the Court that he shall Patna High Court CR. MISC. No.32852 of 2020 dt.12-03-2021

not indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence

the witnesses. Any violation of the terms and conditions of the

bonds or the undertaking shall lead to cancellation of his bail

bonds. The petitioner shall cooperate in the case and be present

before the Court on each and every date. Failure to cooperate or

being absent on two consecutive dates, without sufficient cause,

shall also lead to cancellation of his bail bonds.

7. It shall also be open for the prosecution to bring any

violation of the foregoing conditions of bail by the petitioner, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioner.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T