Vinod Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41431 of 2019 Arising Out of PS. Case No.-717 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== VINOD GOND S/o Dhyan Sah R/o village- Kishunbagh, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Basistha Narayan Mishra Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bettiah Town Police Station Case No. 717 of 2018, disclosing offences under Sections 147, 148, 149, 153-A, 332, 333, 337, 338, 353, 307, 295-A of the Indian Penal Code. The allegation against the petitioner is that the petitioner, along with other co-accused persons, about 400-500 unknown, were indulged in the brick-batting at the procession of Mahabiri Akhara in order to create communal disturbance. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. He further submits that no apparent injury has been brought on

Patna High Court CR. MISC. No.41431 of 2019(3) dt.30-08-2019 2/3 record sustained by any person due to the alleged brick-batting and further there is no specific allegation against the petitioner and there is general and omnibus allegation against a large number of persons. He further submits that similarly situated coaccused has been granted anticipatory bail by this Court by order, dated 06.08.2019, passed in Criminal Misc. No. 48023 of 2019.

After having heard learned Counsel for the parties and taking into consideration the fact that no specific allegation has been levelled against the petitioner and similarly situated coaccused has been granted bail by this Court, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, this application is allowed.

Let the petitioner, Vinod Gond, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Bettiah Town Police Station Case No. 717 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.41431 of 2019(3) dt.30-08-2019 3/3 This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √