Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18801 of 2022 Arising Out of PS. Case No.-104 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== SHIVAM KUMAR S/o Mohan Singh @ Mani Singh R/o villageSadanandpur, P.S.- Ballia, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nawkothi P.S. Case no. 104 of 2021 instituted for the offence under Sections 186, 187, 188, 353, 120(B), 323, 304, 506/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other co-accused persons have created hindrance to the police party in discharging their official duty when they reached there to clear the road blockage by villagers.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.18801 of 2022(2) dt.28-09-2022 2/2 offence. General and omnibus allegations have been levelled against him. He was only passing through the road at the time of occurrence. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nawkothi P.S. Case no. 104 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U