Samir @ Fakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32410 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -RAUTARA District- KATIHAR ====================================================== Samir @ Fakir S/o Late Vishu, resident of village Dah Tola, Police Station Rautara, District Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah, Adv. For the Opposite Party/s : Mr. Dr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Rautara P.S. Case No. 09 of 2015, disclosing offences under Sections 147, 148, 149, 323, 447, 307, 436, 332, 353 and 379 of the Indian Penal Code.

As per the prosecution case, a road accident had occurred. Thereafter, when Police personnel reached the place of occurrence, allegedly, the petitioner and other co-accused persons, forming an unlawful assembly, obstructed the road traffic and set the said Scorpio vehicle on fire.

Learned counsel appearing on behalf of the petitioner submits that the only allegation against the petitioner is

Patna High Court Cr.Misc. No.32410 of 2015 (2) dt.13-08-2015 2/2 that he fetched matches, which was used for setting the Scorpio vehicle on fire, which allegation also, according to him, is false. Keeping in view the nature of allegation and the circumstances as well as the fact that the petitioner has no criminal antecedent, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Rautara P.S. Case No. 09 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Vats/- U T