Prince Kumar v. The State of Bihar
Case at a glance
- Bench
- CHANDRA PRAKASH
Outcome
Allowed
This application stands allowed
Provisions considered
- Indian Penal Code, 1860 ss. 147, 148, 149, 307, 323, 332, 341, 353, 427, 431, 504
- Highway Act, 1956
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 88. This application stands allowed. Nilmani/- U T (Chandra Prakash Singh, J)
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH Mr. Alka Singh, Advocate Mr. Md. Ataur Rahman, A.P.P. ORAL ORDER 2 29-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in connection with Bachhwara P.S Case No. 143 of 2022 dated
17.06.2022 registered for the offence punishable u/s 147, 148, 149, 341, 323, 427, 307, 332, 353, 431 and 504 of the Indian Penal Code and under Section 8B of the National Patna High Court CR. MISC. No.73552 of 2023(2) dt.29-11-2023 Highway Act, 1956.
As per the prosecution case, during protest of ‘Agneepath Scheme’, 31 named and 100-150 unknown persons, allegedly, assembled and obstructed road traffic, burnt tyres, damaged the vehicles.
Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. It is further submitted that allegations against the petitioners is not specific rather the same is general and omnibus in nature. The petitioners are students. Similarly situated co-accused has already been granted bail by the Co-ordinate Bench of this Court vide order dated
18.05.2023 passed in Cr. Misc. No. 7839 of 2023. The petitioners have no criminal antecedent as stated in para 3 of the bail petition.
Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.
Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on Patna High Court CR. MISC. No.73552 of 2023(2) dt.29-11-2023 furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Bachhwara P.S. Case No. 143 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Operative part
This application stands allowed. Nilmani/- U T (Chandra Prakash Singh, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This application stands allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 147, 148, 149, 307, 323, 332, 341, 353, 427, 431, 504; Highway Act, 1956; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.