Pintu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22701 of 2016 Arising Out of PS.Case No. -199 Year- 2013 Thana -RAGHOPUR District- SUPAUL ====================================================== Pintu Bhagat, son of Ashok Bhagat .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Iftekhar Mahmood (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 283, 291, 188, 384, 420 of the Indian Penal Code and 3/4 of The Prevention of Damage to Public Property Act,1984.

Prosecution case is that the informant being SHO of Raghopur police station during patrolling on NH-47 on 19.11.2013 found the road blocked by the mob as they were protesting against collection of extortion by way of rent from the road vendor. It is alleged that the road vendor by encroaching the road constructed the shop.

It is submitted by learned counsel for the petitioner that accusation is against the mob and only on suspicion the accusation has been levelled. A statement has been made in paragraph 3 of

Patna High Court Cr.Misc. No.22701 of 2016 (2) dt.20-05-2016 2/2 the petition that the petitioner has no criminal antecedent. Moreover, similarly situated co-accused persons have been granted anticipatory bail vide Criminal Miscellaneous No. 18572/2015 by a co-ordinate Bench of this Court. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Birpur, Supaul, in connection with Raghopur P.S. Case No.199/2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Since the case was registered in 2013 and the present anticipatory bail application has been preferred in 2016, learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for three consecutive occasions or gets involved in some serious nature of offence.

(Dinesh Kumar Singh, J) Ashwini/- U T