Vishwakarma Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.49913 of 2017 (3) dt.04-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49913 of 2017 Arising Out of PS.Case No. -267 Year- 2017 Thana -BHAGWAN BAZAR District- SARAN ====================================================== Vishwakarma Rai son of Dwarika Rai, R/o- village- Bintoli, P.S. Chapra Muffasil, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Udai Shankar Singh For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bhagwan Bazar Police Station Case No. 267 of 2017, disclosing offences under Sections 147, 148, 149, 341, 328, 332, 333, 307, 353, 436, 427, 504 and 115 of the Indian Penal Code and 27 of the Arms Act and 3/4 of the Prevention of Public Property Act, 1984.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. The petitioner is said to be a member of mob and there is no specific allegation of assault or causing road jam attributed to him rather there is general and omnibus allegation against the petitioner and others. Moreover,

Patna High Court Cr.Misc. No.49913 of 2017 (3) dt.04-12-2017 co-accused, Beyas Ray @ Baleshwar Ray and Rahul Kumar @ Biki Kumar Yadav, having more or less similar allegation have already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 47476 of 2017. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within 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 learned Chief Judicial Magistrate, Saran at Chapra, in connection with Bhagwan Bazar Police Station Case No. 267 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T