The Patna High Court granted anticipatory bail to the petitioner in a public property damage case. The court noted the general nature of allegations and comparative bail orders before granting relief subject to conditions.
Released on anticipatory bail by furnishing bond of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10555 of 2020
Arising Out of PS. Case No.-138 Year-2019 Thana- KURTHA District- Jehanabad
======================================================
Ravi Kumar @ Ravi Shankar Kumar aged about 25 years (M) son of Madhesh Das resident of village Dhamaul P.S. Kurtha District Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 24-06-2020
Heard Mr. Paras Nath, learned counsel for the
petitioner and Mr. Ram Anurag Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner apprehends his arrest in connection with
Kurtha P.S. Case No. 138 of 2019 registered for the offence punishable under Section 147, 149, 323, 332, 353, 427, 504, 506 of the I.P.C. and Section ¾ of the Prevention of Damage of Public Property Act.
The allegation against the petitioner is that Police received information that villagers have surrounded some persons and were assaulting them by fists and slaps, proceeded towards the place of occurrence and took them to the Police Station where petitioner along with other 29 named persons and about 500-600 unknown persons arrived and damaged the
Patna High Court CR. MISC. No.10555 of 2020(2) dt.24-06-2020 2/3
Police Jeep and other public properties.
Learned counsel for the petitioner submits that there is no specific allegation against the petitioner and altogether 29 persons have been named in the F.I.R. along with 500-600 unknown persons. Learned counsel further submits that allegation against the petitioner is general and omnibus in nature. Learned counsel referring to Annexure- 2 to this anticipatory bail application submits that similarly situated accused persons have been granted bail by this court in Cr. Misc. No. 79794 of 2019 and Cr. Misc. No. 3578 of 2020.
Having regard to the submissions made by the parties and taking into consideration the fact that similarly situated accused persons have been granted bail by this court, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal in connection with Kurtha P.S. Case No. 138 of 2019, subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.
Patna High Court CR. MISC. No.10555 of 2020(2) dt.24-06-2020 3/3
It is made clear that at the time of furnishing bail bond
all the parties shall follow the guidelines regarding lockdown
and social distancing.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in view of similar bail grants to equally situated accused persons.
2 provisions across 2 enactments
Ravi Kumar @ Ravi Shankar Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
