Rambilash Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30422 of 2024 Arising Out of PS. Case No.-492 Year-2014 Thana- LAKHISARAI District- Lakhisarai ====================================================== Rambilash Sharma son of Late Kishori Sharma Village- Wallipur Ps- Piparia Dist- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-09-2024
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.
2. The petitioner apprehends his arrest in connection with Lakhisarai P.S. Case No. 492 of 2014 dated 27.08.2014 registered under Sections 143 / 341 / 447 / 186 / 353 / 290 of the I.P.C.
3. The prosecution story in short is that on 27.08.2014 at about 11:30 A.M. the petitioner along with five F.I.R. named accused and 60-70 followers blocked the road at NH-80 in front of Eastern Gate of Balika Vidyapeeth by putting the dead body of the deceased Shyam Sundar Rai on road. The petitioner and others also used unparliamentary language and provoking slogans against the district administration.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.30422 of 2024(3) dt.21-09-2024 2/3 petitioner is innocent and has not committed any offence in the manner alleged. He submits that the petitioner was the Chairman of PACS, Wallipur at the relevant point of time and due to political rivalry he has been implicated in this case. He next submits that other co-accused persons have been granted anticipatory bail by the learned court below itself. He also submits that the petitioner was given benefit of Section 41A of the Cr.P.C. during investigation and now chargesheet has been filed and summons have been issued. The petitioner has apprehension that upon appearance he may be taken into custody.
5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner all along co-operated during investigation having been given the advantage of Section 41A of the Cr.P.C. and was not arrested by the Police and charge sheet has been submitted, as such, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief
Patna High Court CR. MISC. No.30422 of 2024(3) dt.21-09-2024 3/3 Judicial Magistrate, Lakhisarai or his successor in office in connection with Lakhisarai P.S. Case No. 492 of 2014 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T