Vishal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20494 of 2019 Arising Out of PS. Case No.-166 Year-2018 Thana- VIJAYPUR District- Gopalganj ====================================================== 1.

Vishal Sharma, aged about 23 years (Male), S/O Dhananjay Sharma. 2.

Tiger Sharma, aged about 30 years (Male), S/O Digvijay Sharma. 3.

Alok Mishra, aged about 25 years (Male), S/O Sushil Kumar Sharma @ Sushil Mishra.

4.

Raj Kumar Sharma, aged about 32 years (Male), S/O Baish Sharma. 5.

Anup Sharma, aged about 25 years (Male), S/O Nirmal Sharma. All are resident of Village- Khajuha Kala, P.S.- Bijaipur, District- Gopalganj.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Shiv Sager Sharma, Adv.

For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Bijaypur P.S. Case No. 166 of 2018, registered for the offence punishable under Sections 341, 323, 353 and 504/34 of the Indian Penal Code.

Allegation has been made that about 100 people entered into the premises of the hospital and acted in a riotous manner. To save the life, the informant rushed towards administrative building, but some how the persons managed to

Patna High Court CR. MISC. No.20494 of 2019(2) dt.03-04-2019 2/3 caught hold him, assaulted and misbehaved with the informant and also tried to kill him. The informant received injury in the eye. The informant has taken the name of nine persons and the entire incident has been recorded in the C.C.T.V. Learned counsel for the petitioners submits that no specific allegation has been made against any of the petitioners, but only it has been alleged about 100 persons entered into the premise of the hospital and acted in riotous manner. He further submits that the incident has happened on account of death of a child, who has not not been provided proper medical treatement.

Looking to the entire facts and circumstances of the case, let the above-named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.- IV, Gopalganj, in connection with Bijaypur P.S. Case no. 166 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation.

Patna High Court CR. MISC. No.20494 of 2019(2) dt.03-04-2019 3/3 the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) pawan/- U T