Vikaram Malakar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40567 of 2015 Arising Out of PS.Case No. -46 Year- 2015 Thana -BODHGAYA District- GAYA ======================================================
1. Vikaram Malakar Son of Bachu Malakar, resident of Mian Bigha 4 Number Pani Tanki, P.S. - Bodh Gaya, District - Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Surendra Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-10-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 109, 147, 148, 149, 186, 341, 323, 324, 307, 353, 333, 337, 427, 506, 504, 120B of the Indian Penal Code and Section 4 of Prevention of Damage to Public Property Act, 1984. The prosecution case is that protesting against killing of one Amit Kumar @ Amrit Kumar on the road the mob blocked the traffic and demanded compensation of Rs. 5,00,000/-. When the police went to pacify the mob then stones were pelted, as a result several articles got damaged and police personnel received injuries.
It is submitted by learned counsel for the petitioner that accusation is omnibus and general against the mob. The police lodged the present case to save its own skin
Patna High Court Cr.Misc. No.40567 of 2015 (2) dt.01-10-2015 2/2 against the anger of the mob for the killing of innocent person. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, 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 learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. Case No. 46 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T