Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26844 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- KOTWALI District- Munger ====================================================== AMIT KUMAR Son of Vir Abhimanyu Mandal @ Abhimanyu Mandal Resident of Village- Sandalpur, P.S.- Kasim Bazar, District- Munger. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kotwali P.S. Case No. 87 of 2019 for the offence punishable under Sections 147, 149, 353, 323, 431 and 504 of the Indian Penal Code.

The allegation in the First Information Report is of causing obstruction in movement of traffic on road against several persons named in the First Information Report and several not named, as they were playing DJ despite warnings having been issued by the police officer.

Learned counsel appearing on behalf of the petitioner has submitted that similarly circumstanced co-accused persons have been allowed anticipatory bail by this Court by order dated 19.04.2019 passed in Cr. Misc. No. 25230 of 2019. He has also argued that the allegation is general and omnibus.

Patna High Court CR. MISC. No.26844 of 2019(2) dt.24-04-2019 2/2 The petitioner has been described as student. Considering the nature of accusation and the fact that similarly circumstanced co-accused persons have been allowed anticipatory bail, this application is allowed, but with a clear note of caution that if the petitioner is found indulging in such activities in future, his bail bond, furnished in compliance of this Court's present order, shall be liable to be cancelled. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 C.J.M., Munger in Kotwali P.S. Case No.

87 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T