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Patna High CourtCR. MISC./11728/2024bail granted

Govind Lal Shrivastva @ Surya Shrivastva @ Govind Srivastva v. The State Of Bihar

2024-02-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11728 of 2024 Arising Out of PS. Case No.-138 Year-2022 Thana- GOPALPUR District- Gopalganj ====================================================== Govind Lal Shrivastva @ Surya Shrivastva @ Govind Srivastva Son of Late Sri Ram Lal Shrivastva Resident of Village- Chailwa, Police StationGopalpur, District- Gopalganj, Pin - 841503 ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajesh Roy, Advocate For the State :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 332, 353, 427, 504, 506 and 188 of the Indian Penal Code.

3. As per prosecution case, it is alleged that this petitioner, along with other accused persons, blocked the Rajapur Market Main Road, abused and assaulted the police personnels, misbehaved with the passer-bys and also damaged vehicles and set the tire on fire and thus created obstruction in discharge of official duties.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner has been made an

Patna High Court CR. MISC. No.11728 of 2024(2) dt.22-02-2024 2/2 accused on this case only on the basis of suspicion. He next submits that from bare perusal of the allegations as alleged in the F.I.R., it would be apparent that the allegations are general and omnibus and no specific accusation of any overt act has been alleged against this petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, First Class, Gopalganj, in connection with Gopalpur P.S. Case No.138 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T