Seraj Ahmed @ Sonu @ Siraj Ahmed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58378 of 2017 Arising Out of PS.Case No. -290 Year- 2017 Thana -BARHARIA District- SIWAN ====================================================== Seraj Ahmed @ Sonu @ Siraj Ahmed, son of Hasan Imam, Resident of Village - Chhaka Tola, Police Station - Barhariya, District - Siwan. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Barhariya P.S. Case No. 290 of 2017 registered under Sections 341, 323, 379, 353 and 506 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that there was agitation due to frequent breakdown of the power in the locality. He submitted that in the protest made against the officials of the Electricity Department, no violence was caused and the mobile phone, which is said to have been snatched, was also returned to the person concerned. On the other hand, learned counsel for the State

Patna High Court Cr.Misc. No.58378 of 2017 (2) dt.12-12-2017 vehemently opposed the application for grant of pre-arrest bail to the petitioner. He submitted that due to the threat extended by mob, the government officials are always under fear in discharge of their official duties.

Having regard to the nature of the offence, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Barhariya P.S. Case No. 290 of 2017 subject to the condition as laid down under Section 438(2) Cr. P.C. with further condition that he shall be required to appear before the S.H.O. of Barhariya Police Station in the first week of every month till the completion of investigation and shall be required to file a petition before the court annexing receipt of his attendance before the S.H.O. In case of failure to do so, the court below shall be at liberty to cancel the bail bond of the petitioner. (Ashwani Kumar Singh, J.) Sanjeet/- U T