Vikash Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.17438 of 2016 (2) dt.25-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17438 of 2016 Arising Out of PS.Case No. -78 Year- 2015 Thana -GURARU District- GAYA ====================================================== Vikash Kumar, son of Surendra Chaudhary, resident of village-Beri Baraibigha, Police Stataion-Salaiya, District-Aurangabad at present residing at Mohalla-Rampur, Police Station, Rampur, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 353, 333, 337, 427, 307, 188, 504, 506, 109 and 115 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that the informant, being a police officer, on receiving information that a dead body is lying at the railway track near Guraru Railway Station, the informant along with police personnel went there and saw a dead body lying. While the police was carrying the dead body to Anugrah Narayan Magadh Medical College and Hospital, Gaya for post-mortem, on the way near Guraru Sugar Mill, a mob including the petitioner stopped the vehicle of the police and started assaulting the police officers and police constables, as a result the police personnel

Patna High Court Cr.Misc. No.17438 of 2016 (2) dt.25-04-2016 received injuries Learned counsel for the petitioner submits that the accusation is against the mob and the injuries sustained by the police officers and the constables are found simple in nature. A statement has been made in paragraph No.3 of the application that the petitioner has got no criminal antecedents. It is stated that similarly situated co-accused has been enlarged on anticipatory bail by order dated 24.02.2016 of this Court passed in Cr. Misc. No.6077 of 2016.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Guraru P.S. Case No.78 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Dinesh Kumar Singh, J) V.P.Sinha/- U