Bharat Khatbey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13413 of 2019 Arising Out of PS. Case No.-283 Year-2018 Thana- PUPRI District- Sitamarhi ====================================================== Bharat Khatbey, Son of Sonafi Khatbey R/o village- Choraut North , P.SPupri, Dist.- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dinesh Jha, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Pupri P.S. Case No.283 of 2018, registered for the offence punishable under Sections 147, 149, 341, 342, 324, 307, 353, 427 of the Indian Penal Code and Section 3/4 of Damage of Property Act.

Allegation has been made that when the informant received the information from the villagers of Neem Bari Bajar that some persons are assaulting a lady on the allegation that she has committed theft of a body, he along with police personnel reached there and took four ladies, two girls and one baby. Thereafter, the Sarpanch Hemant Shukla has instigated the

Patna High Court CR. MISC. No.13413 of 2019(2) dt.07-03-2019 2/3 villagers to assault the police party upon which the accused persons named in the FIR and 80-90 unknown persons came at the police station and pelted stones and damaged boundary wall, electric line and govt. Jeep.

Learned counsel for the petitioner submits that though the petitioner is named in the FIR but there is no specific allegation against him. The several persons have already been granted bail by a coordinate Bench of this Court vide order dated 19.02.2019 passed in Cr. Misc. No.9396 of 2019. Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi, in connection with Pupri P.S. Case no. 283 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive

Patna High Court CR. MISC. No.13413 of 2019(2) dt.07-03-2019 3/3 dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) V.K.Pandey/- U T