Ganpat Tanti And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.22751 of 2017 (3) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22751 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -SUIYA District- BANKA ======================================================

1. Ganpat Tanti, Son of Late Tulo Tanti,

2. Shankar Thakur, Son of Late Fagu Hajam,

3. Bhola Thakur, son of Late Munshi Thakur, All are Resident of Village- Tona Pakar, P.S. Suia, District- Banka. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners apprehend their arrest in connection with Suiya P.S. Case No. 9 of 2017 registered for the offences punishable under Sections 353, 504, 506/34 of the Indian Penal Code.

Allegedly, the petitioners and other co-accused and their family members obstructed in construction of 132/33 KV Grid Sub-Stations and got stopped the work after abusing the contractor and workers. They also caused threats to kill them. Submission is of false implication and that there is no specific allegation against the petitioners, allegations are omnibus and general in nature, the petitioners have been made victim of

Patna High Court Cr.Misc. No.22751 of 2017 (3) dt.06-07-2017 circumstances and as such the petitioners deserve sympathetic consideration.

Learned APP opposes the prayer of pre-arrest bail by submitting that the petitioners are instrumental in obstructing the work of power grid causing loss and damage of the public property.

In the facts and circumstances stated above, considering the allegation, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioners, accordingly, their such prayer stands rejected.

However, in case and if so advised, the petitioners surrender and seek regular bail before the court below, then their prayer for bail shall be considered on its own merit on the same day without being prejudiced by the present order. (Jitendra Mohan Sharma, J) avin/- U T