Megh Shyam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43148 of 2017 Arising Out of PS.Case No. -99 Year- 2009 Thana -JHANJHARPUR District- MADHUBANI ====================================================== Megh Shyam Son of Shyam Sundar Kamat, Resident of Village-Simra, P.s.- Jhanjharpur, District-Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Jhanjharpur P.S. Case No. 99/2009, disclosing offences under Sections 395 and 397 of the Indian Penal Code. The petitioner is not named in the F.I.R. There are sixteen named and fifty to sixty unknown accused. The allegation is that fifty to sixty persons including the F.I.R. named persons indulged in rioting in the campus of the police station. They were raising protest against an incident which had taken place leading to death of a boy.

Learned counsel for the petitioner appears to be right in his submission that on the basis of what has been alleged, it is very difficult to say as to who had participated in the commission of

Patna High Court Cr.Misc. No.43148 of 2017 (2) dt.21-09-2017 2/2 offence and in what manner . Petitioner's name has transpired in course of investigation. He also submits that there is no likelihood of petitioner fleeing from the course of investigation, if allowed anticipatory bail.

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 Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Jhanjharpur P.S. Case No. 99/2009, 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) Vinita/- U T .