Sameshwar Bind @ Samesar Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50276 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- GHOSI District- Jehanabad ====================================================== Sameshwar Bind @ Samesar Bind, Son of Deb Sharan Bind@ Deo Sharan Bind Resident of Village- Pakhanpur, Police Station- Ghosi(Okari), DistrictJehanabad. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Murari Prasad Sinha For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ghoshi (Okari) P.S. Case no. 65 of 2018, registered under Sections 147, 148, 149, 307, 337 and 353 of the Indian Penal Code.

The accusation is that due to collision between a tractor and a tempo, two persons died and two persons sustained grievous injuries, who were rushed for treatment at PHC Okari. Thereafter, 12-15 persons came on six motorcycles and agitated to the family members of the deceased, injured as well as other villagers on which they became furious and started pelting stone in which Hawaldar Rafi Ahmad Khan and B.H.G. Rajendra Prasad sustained injuries. Out of the

Patna High Court Cr.Misc. No.50276 of 2018(2) dt.20-09-2018 2/ assailants, seven persons, including the petitioner, were identified as miscreants involved in the occurrence. Learned counsel for the petitioner submits that it would appear from the F.I.R. that no specific overt act has been attributed against the petitioner. Further submission is that similarly situated co-accused Ramashray Bind @ Ram Ashray Bind, Samnath Bind and lal Babu Bind and Satyanand Bind have already been granted privilege of pre-arrest bail by a coordinate Bench of this Court vide Criminal Miscellaneous No. 38424 of 2018 and Criminal Miscellaneous No. 37560 of 2018 on 29.06.2018 and 06.07.2018, respectively.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Judge-I, Jehanabad in connection with Ghoshi (Okari) P.S. Case No. 65 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T