Shiv Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38916 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== 1.

SHIV KUMAR SAHANI Son of Rajo Sahani, Resident of Village - Dih Buchauli, P.S.- Jandaha, Distt - Vaishali.

2.

Pappu Rai son of Awadhesh Rai, Resident of Village - Dih Buchauli, P.S.- Jandaha, Distt - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amod Kumar Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-06-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Jandaha P.S. Case No. 60 of 2019 registered for offence punishable under sections 147, 149, 341, 323, 225, 353, 504 and 506 of the Indian Penal Code. The police party had gone for raid where Bablu Rai and Kachhu Rai were apprehended, but a mob of 40-50 persons gathered, started raising slogan, blocked the road and demanded the release of both accused persons. When the police made efforts to get them persuaded, accused persons became more furious and started assaulting the police force along with hurling filthy abuses against them. Anuj Kumar and Shiv

Patna High Court CR. MISC. No.38916 of 2019(2) dt.26-06-2019 2/2 Kumar Sahani were leading the mob. There is no specific allegation made against petitioner no. 2, Pappu Rai. Looking to the facts and circumstances of the case, the prayer for bail of petitioner no. 2, Pappu Rai is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XI, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 60 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner no.

2 shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner no. 2 will not induce any witness or tamper with the evidence. The petitioner no. 2 shall cooperate in the disposal of trial and make himself available as and when required by the court.

So far petitioner no. 1, his prayer for bail is rejected. (Shivaji Pandey, J) Mahesh/- U T