Ram Deo Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15921 of 2020 Arising Out of PS. Case No.-109 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

Ram Deo Poddar S/o Late Jageshwar Poddar R/o village- Cheria Bariyarpur, P.S.- Cheria Bariyarpur, District- Begusarai 2.

Bipin Sharma @ Bipin Kumar Singh S/o Late Mangaldeo Sharma R/o village- Cheria Bariyarpur, P.S.- Cheria Bariyarpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Thakur For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-10-2020 Heard both parties through video conferencing. The petitioners apprehend their arrest in Cheria Bariyarpur P.S. Case No. 109 of 2019, registered for the offence under Sections 147, 149, 188, 504, 323, 353 & 504 of the Indian Penal Code.

As per the prosecution case, on 11-07-2019, the informant, who is SHO of Cheria Bariyarpur Police Station, received an information that due to disturbance in electricity supply, the villagers have blocked the road. On receipt of such information, the informant reached there and tried to clear the jam, but villagers were adamant for not clearing traffic, as a result of which, there happened traffic jam and a lot of inconvenience was caused to police personnel and others in discharge of their duty. Thereafter, the informant instituted an FIR against 16 known persons, which includes these petitioners.

Patna High Court CR. MISC. No.15921 of 2020(4) dt.15-10-2020 2/2 It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case. In fact, a jam was created by the general public due to failure of electricity supply and these petitioners have been falsely made accused. It is further submitted that similarly situated seven co-accused have already been granted anticipatory bail by this Court, vide order dated 05-03-2020 passed in Cr.Misc. No. 13264 of 2020. Petitioners have no criminal antecedent, as stated in paragraph - 3 of the petition.

Considering the aforesaid facts and circumstances, the bail application of petitioners is allowed. In the event of their arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Manjhaul, Begusarai in connection with Cheria Bariayarpur P.S. Case No. 109 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay/- U T