Umesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14478 of 2022 Arising Out of PS. Case No.-141 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== UMESH RAI Son of Rama Rai Resident of Village- Sirisia, P.S.- Chanpatiya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :
Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353 of the Indian Penal Code and Section 4 of the prevention of damage of Public Property Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner along with other accused persons participated in a protest and resorted to arson when the police party tried to intervene.
Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that the allegations are general and omnibus in nature, no
Patna High Court CR. MISC. No.14478 of 2022(2) dt.19-09-2022 2/2 specific overt act has been alleged against the petitioner and similarly situated co-accused have been granted anticipatory bail by order dated 09.04.2021 in Cr. Misc. No. 37457 of 2020 and order dated 14.12.2021 in Cr. Misc. No. 13806 of 2021. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chanpatiya (Sirisiya O.P.) P.S. Case No. 141 of 2018 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T