Patna High CourtCR. MISC./3556/2017bail granted

Sunil Rai v. The State Of Bihar

2017-02-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3556 of 2017 Arising Out of PS.Case No. -549 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sunil Rai, son of Late Sudama Rai, resident of Village- Jaisinghpur, P.STurkauliya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ritesh Kumar Sinha, Adv. Mr. Vijay Shankar Shrivastava, Adv.

For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in Turkaulia P.S. Case No.549 of 2014 instituted for the offence under Sections 341, 353, 504, 109, 143 and 149 of the Indian Penal Code. It is alleged that, on the date of occurrence, the police party proceeded to arrest the accused Dilip Kumar Yadav in connection with Turkaulia P.S. Case No.319/14, but Dilip Kumar Yadav was not found in his house. It is further alleged that after search female members of the accused Dilip Kumar Yadav started abusing the police party. The police party moved towards police jeep. In the meanwhile Arvind Yadav and Sunil Rai (petitioner)

Patna High Court Cr.Misc. No.3556 of 2017 (2) dt.09-02-2017 instigated the female members. The female members become aggressive and started abusing the police party and surrounded the police jeep. It is further alleged that the police party somehow managed to escape, but one Arvind Yadav tried to catch hold the Sub-Inspector of Police Vikash Tiwary.

From the written report itself it appears that there is no allegation of any overt act against the petitioner. It is merely alleged that he instigated the female members. Therefore, prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Turkaulia P.S. Case No.549 of 2014, he shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari East Champaran, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Sanjay Priya, J) Arvind/- U T