Vinod Kumar Rai @ Binod Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43072 of 2017 Arising Out of PS.Case No. -257 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================
1. Vinod Kumar Rai @ Binod Rai, son of Late Mahendra Rai, Resident of Village- Bhadwas, P.S. Mahua, District- Vaishali at Hajipur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2017 Heard the parties.
This application, for grant of anticipatory bail, arises out of Mahua P.S. Case No. 257/2016, disclosing offences under Sections 147, 149, 341, 323, 353, 427, 504 and 506 of the Indian Penal Code and Section 3 of Public Property Damage Act. From the First Information Report it can be noticed that the local people were raising protest against the highhandedness of the police for registering a false case. They are said to have caused fracas in the premises of the police station and damaged public property. In the F.I.R., 62 persons are named. It is alleged that there were more than 200 people. Allegation for commission of the offence is against the petitioner that he was responsible for instigating the public.
Patna High Court Cr.Misc. No.43072 of 2017 (2) dt.20-09-2017 2/2 Considering the nature of allegation, this application is allowed. Let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 257/2016, subject to the condition laid down under Section 438(2) of the Cr.P.C.
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 bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Rakhi U T