Shambhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46599 of 2018 Arising Out of PS.Case No. -63 Year- 2018 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================
1. Shambhu Kumar S/o Late Ram Chandra Prasad, R/o Race Course, Chakkar Maidan South, P.S.- Kazi Mohammadpur, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Shankar Ms. Roona For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-08-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Kazi Mohammadpur P.S. Case No. 63/2018, instituted for the offences punishable under Sections 147, 148, 149, 332, 333, 353, 452, 427, 307, 323, 324, 326, 379 and 120(B) of the Indian Penal Code. In the written report, it is alleged that at the instigation of Krishna Singh, Manoj Ranjan, Abhimanyu Chauhan, Shambhu Kumar (Petitioner) and others, 100 persons assembled and they had altercation with the Jawans for dumping garbage and digging drain in which some Jawans sustained injuries. Learned counsel for the petitioner has submitted that
Patna High Court Cr.Misc. No.46599 of 2018 (2) dt.25-08-2018 2/3 the petitioner has clean antecedent. He is a government servant working as Senior Accountant in P.W.D.
Department, Muzaffarpur. At the time of occurrence, he was not present on the spot rather he was in his office. The petitioner is named in the F.I.R. since he is old resident of the locality where the occurrence is alleged to have taken place. In the F.I.R., there is no allegation of specific overt act against this petitioner. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kazi Mohammadpur P.S. Case No. 63/2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge I-cum-Additional Chief Judicial Magistrate, East, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court Cr.Misc. No.46599 of 2018 (2) dt.25-08-2018 3/3 if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J.) Rakhi U T