Subodh Kumar @ Samod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15277 of 2020 Arising Out of PS. Case No.-334 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== SUBODH KUMAR @ SAMOD KUMAR Son of Ramayan Prasad @ Ramayan Ray, Resident of Village - Chakmusa, P.S.- Janipur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-09-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Phulwari Sharif (Janipur) P.S. Case No.334 of 2019 registered under Sections 147, 149, 341, 323, 189, 427, 379, 504 and 353 of the Indian Penal Code.

The gist of the allegation is that the informant (police officer) along with other police officials reached at the place of incident situated in Village-Chakmusa on NH 98 and saw that many persons started assaulting the driver of the bus. They damaged the bus, blocked the road and when the police objected, they also caused hindrance in the duty of the police.

Learned counsel for the petitioner submits that the petitioner is of course named in the F.I.R. but no specific allegation is made against the petitioner. When the road accident

Patna High Court CR. MISC. No.15277 of 2020(3) dt.14-09-2020 2/2 took place, many villagers had assembled there and the villagers were assaulting the driver of the bus. Similarly situated eight accused persons have already been granted anticipatory bail by order passed in Cr.Misc.No.41511 of 2019 and Cr.Misc.No.54975 of 2019. The case of the petitioner stands on the same footing.

Having considered the facts and the nature of allegations made against the petitioner and the fact that similarly situated eight accused persons have already been granted anticipatory bail by different benches of this court, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 A.C.J.M., Patna in connection with Phulwari Sharif (Janipur) P.S. Case No.334 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T