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Patna High CourtCR. MISC./36987/2020bail granted

Shyamdeo Prasad v. The State Of Bihar

2021-04-08Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36987 of 2020 Arising Out of PS. Case No.-117 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== 1.

SHYAMDEO PRASAD Son of Late Shiv Dayal Prasad @ Late Shivdyal yadav Resident of Village - Dayalibigha, P.S.- Ghosi in the Distt. of Jehanabad.

2.

RAJKALIYA DEVI W/o Shyamdeo Prasad Resident of Village - Dayalibigha, P.S.- Ghosi in the Distt. of Jehanabad. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-04-2021 Heard Mr. Sunil Kumar, learned counsel for the petitioners and Mr. Shailendra Kumar, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Ghosi (Okari O.P.) P.S. Case No. 117 of 2020 instituted for the offence under Sections 188, 147, 148, 149, 341, 323, 332, 333, 337, 338, 353, 427, 307, 379, 186, 216, 223, 224, 269, 271 and 272 of the Indian Penal Code.

The accusation in the First Information Report is that when one Kaushlendra Kumar was confined by the

Patna High Court CR. MISC. No.36987 of 2020(2) dt.08-04-2021 2/3 police for having come from outside and there being danger of his spreading infection of Covid -19, many persons of the village including the petitioners tried to take away aforesaid Kaushlendra Kumar from the custody of the police. It has been submitted on behalf of the petitioners that general and omnibus allegations have been levelled against many accused persons including the petitioners with no specific accusation against them.

Some of the other co-accused persons of this case having similar allegation have been granted anticipatory bail by a different Bench of this Court.

Considering the nature of accusation and the fact that the petitioners have clean antecedents, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Ghosi (Okari O.P.) P.S. Case

Patna High Court CR. MISC. No.36987 of 2020(2) dt.08-04-2021 3/3 No. 117 of 2020 , subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T