Shivnandan Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65329 of 2018 Arising Out of PS.Case No. -37 Year- 2013 Thana -DUMARIYA District- GAYA ======================================================

1. Shivnandan Bharti, S/o Bhola Bhumiyar, resident of Village Barha P.S. Dumariya, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 342, 307, 353, 435, 427, 120(B) of the Indian Penal Code and 17 C.L.A. Act.

The prosecution case, in brief, is that in the backdrop of removing Police Camps, 200-250 persons came and tried to attack on police force. Though the informant tried to pacify the mob, but the petitioner in association with others is alleged to have damaged the police jeep. They snatched arms and set the vehicle on fire raising slogans. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. Altogether 36 persons are named in the

Patna High Court Cr.Misc. No.65329 of 2018 (2) dt.26-10-2018 FIR along with 200-250 unknown persons. No specific overt act has been attributed against the petitioner. General and omnibus allegation has been made against the petitioner. The other similarly situated coaccused namely, Punit Singh Bhokta and Ravi Ranjan Singh have been granted anticipatory bail by this Court vide order dated 05-10-2018 passed in Cr. Misc. No. 53496 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghati, Gaya in connection with Dumariya P.S. Case No. 37 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T