Vishwajeet Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17418 of 2016 Arising Out of PS.Case No. -212 Year- 2015 Thana -BARGANIA District- SITAMARHI ======================================================
1. Vishwajeet Pathak Son of Raghunath Pathak, Resident of VillageSasaula, P.S.- Mejarganj, District- Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra For the Opposite Party/s : Mr. Suman Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-05-2016 Heard the Counsel for the petitioner and Mr. Ram Chandra Prasad Singh, APP for the State.
Petitioner apprehends his arrest in Bairgania P.S. Case No. 212 of 2015 registered under sections 147, 148, 149, 342, 109, 110, 332, 333, 353 and 504/120B of the Indian Penal Code. A host of villagers had put up road blockage when the Police party went to the place of occurrence. It is alleged that an attempt was made to create obstruction in discharge of duty. One of the police personnel was also captivated for some time. Contention of the petitioner is that even according to the F.I.R., he is a member of the mob. Some of the accused persons namely Sanjay Jha and Jalandhar Paswan have been released on anticipatory bail by this Court vide order dated 12.04.2016 passed in Cr. Misc. No. 9576 of 2016. A web copy of the said order is
Patna High Court Cr.Misc. No.17418 of 2016 (2) dt.10-05-2016 2/2 handed in which is taken on record and marked 'Y' for identification.
Considering the above, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in Bairgania P.S. Case No. 212 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioner.
(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T