Dablu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32489 of 2022 Arising Out of PS. Case No.-85 Year-2021 Thana- PHULWARIA District- Begusarai ====================================================== DABLU SHARMA S/o Bishundev Sharma R/o village- Shokhara, P.S.- Phulwaria, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. A.G., A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 188, 269, 270, 271, 353, 323, 307, 504, 506, 290 and 291 of the Indian Penal Code & Section 51(B) of the Disaster Management Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner along with his associates during the period of lockdown on 30.05.2021 refused to comply with the direction of the authorities for breaking the chain of frightening surge of Covid-19 Pandemic and opened his shop at will. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.32489 of 2022(2) dt.23-11-2022 2/3 petitioner has been falsely implicated in the present case, it is also submitted that inadvertently in the cause title, the age of the petitioner has not been mentioned but then petitioner is a major. It is also submitted that Sunil Kumar Jha and Shubham Kumar have been granted anticipatory bail by a Coordinate Bench of this Court by order dated 25.04.2022 in Criminal Miscellaneous No. 47293 of 2021. It is next submitted that the allegations are general and omnibus in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Phulwaria P.S. Case No. 85 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Further, the learned Trial Court before accepting the bail bonds shall verify as to whether the petitioner is a major or

Patna High Court CR. MISC. No.32489 of 2022(2) dt.23-11-2022 3/3 minor. In the event, if the petitioner is found to be a minor then the present anticipatory bail order shall not be acted upon. (Satyavrat Verma, J) Rishabh/- U T