Vishwanath Prasad Singh @ Lidar @ Litar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40693 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -SHAMBHUGANJ District- BANKA ======================================================
1. Vishwanath Prasad Singh @ Lidar @ Litar son of Late Harsahi Prasad Singh resident of Village - Karnpur, P.S. - Shambhu Ganj, District - Banka. .... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Rana Ishwar Chandra For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Shambhuganj P.S. Case No. 79 of 2016, disclosing offences under Sections 143, 147, 148, 149, 188, 353, 504 and 506 of the Indian Penal Code.
There are 72 persons named in the First Information Report and the said persons are said to have committed offence with 400 persons unnamed. Allegedly, local people were protesting against killing of one Dhirendra Prasad Singh, and had blocked the vehicular traffic over the road. They are said to have attacked the police party, which had arrived to intervene and pacify the situation.
Patna High Court Cr.Misc. No.40693 of 2016 (2) dt.22-09-2016 2/2 Learned counsel, appearing on behalf of the petitioner, has submitted that the allegation is general and omnibus and there is no specific allegation of any overt act against the petitioner.
Considering the above submission, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case No. 79 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
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.
(Chakradhari Sharan Singh, J) ajaypd./- U T