Vikash Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33257 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== VIKASH KUMAR JAISWAL Son of Shilip Jaiswal Resident of VillageDilkhili, P.S.-Durgawati, District-Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Mohania P.S.case No.138 of 2019, G.R.No.582 of 2019registered for offences punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 504 of the Indian Penal Code. Allegation against the petitioner and other accused persons is that while the officers of the Transport Department were checking the overloading of the vehicle, the petitioners came along with the several other persons and started pressuring the officials to release the vehicle and became violent also. It further appears that the petitioner is accused in three more cases and one of them is of similar type.

Submission of the learned counsel for the petitioner is that nothing specific has been attributed against the petitioner

Patna High Court CR. MISC. No.33257 of 2019(2) dt.02-08-2019 2/2 and so far antecedent is concerned, which are of the year, 20152016 and as the petitioner was opposing the high-handedness of the officials that is why he has been implicated in this case. Further submission is that some of the accused persons, who are named in the FIR has been granted anticipatory bail by the court below itself and one of them also by this Court. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, if he surrenders and pray for regular bail, the same shall be considered by the learned court below on the ground that some of the accused persons have been granted anticipatory bail and also considering the materials available against him, if possible to be disposed of on the same day.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T