Jai Shankar Bharti @ Jay Shankar Bharti @ Khurkhur And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.54238 of 2017 (2) dt.20-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54238 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Jai Shankar Bharti @ Jay Shankar Bharti @ Khurkhur Son of Krishnadev Yadav

2. Vijay Shankar Bharti @ Munnu Son of Basdev Yadav

3. Shashi Shankar Yadav @ Miltan Son of Basdev Yadav

4. Abhishek Kumar Son of Krishnadev Yadav All are residents of Village - Kanhaili, Police Station - Narpatganj, District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nandsingh, Adv. For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Narpatganj Police Station Case No. 113 of 2016, disclosing offences under Sections 147, 148, 149, 341, 342, 323, 353, 427 and 171(F) of the Indian Penal Code and Section 130 of Bihar Panchayat Raj Act, 2006.

Learned Counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the petitioners have been made accused with allegation that they

Patna High Court Cr.Misc. No.54238 of 2017 (2) dt.20-12-2017 have created obstruction in peaceful polling at the poling station but specific allegation is against other co-accused persons. Moreover, several accused persons having more of less similar allegation shave been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 4013 of 2017. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Narpatganj Police Station Case No. 113 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T