Jay Kishan Kumar @ Banarsi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.924 of 2019 Arising Out of PS. Case No.-97 Year-2018 Thana- BARUN District- Aurangabad ====================================================== Jay Kishan Kumar @ Banarsi, S/o Bhagwan Das Gupta @ Bhagwan Prasad Village - Mohanganj Barun, District - Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lal Bahadur Singh, Advocate For the Opposite Party/s :

Mr. M. K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Barun P.S. Case No.97 of 2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 332, 333, 353, 395, 436, 504, 120B of the Indian Penal Code and Section 3/4 of Prevention of Damage to Public Property Act.

Allegation has been made 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 and he along with others caused damage to fire brigade vehicle.

Patna High Court Cr.Misc. No.924 of 2019(3) dt.19-02-2019 2/2 Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner. There is no specific allegation made against him. He was not present at the spot. He further submits that several persons have been granted bail by this Court.

Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad (Bihar), in connection with Barun P.S. Case No.97 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

(Shivaji Pandey, J) V.K.Pandey/- U T