Babli Gupta @ Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47288 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -BARUN District- AURANGABAD ====================================================== Babli Gupta @ Amarjeet Kumar, Son of Late Santosh Prasad Gupta, resident of Village- Tenduni, Police Station- Bikramganj, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate. For the Opposite Party/s : Mr. Amit Kumar Rakesh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Barun P.S. Case No. 97 of 2018 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 332, 333, 353, 395, 436, 504, 120(b) of the Indian Penal Code and Sections 3⁄4 of Damage of Public Property Act. In the written report it is alleged that on the date of occurrence one Gautam Kumar was run over by vehicle, on account of which, violent clashes took place between the local residents and the police. The allegation against the petitioner is that he was present on the spot as member of unlawful assembly. He caused damage to fire brigade vehicle.

Counsel for the petitioner has submitted that petitioner is man of clean antecedent. It has further been submitted that there is general and omnibus allegation against 86 persons as named in the

Patna High Court Cr.Misc. No.47288 of 2018 (2) dt.29-08-2018 2/2 written report.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Barun P.S. Case No. 97 of 2018, he shall be released on anticipatory 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, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T