Patna High CourtCR. MISC./43128/2017bail granted

Bijli Singh And ANR v. The State Of Bihar

2017-09-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43128 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -KASHICHAK District- NAWADA ======================================================

1. Bijli Singh, Son of Sheonandan Singh,

2. Ramnandan Mahto @ Ramanandan Mahto Son of Chuhan Mahto, Both are R/o Village- Bali, P.S.- Kashichak (Shahpur O.P.), District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hansraj, Adv. For the Opposite Party/s : Mr. Upendra Kumar, 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 Kashichak (Shahpur O.P.) P.S. Case No. 79/2016, disclosing offences under Sections 147, 149, 188, 186, 353, 114 and 504 of the Indian Penal Code.

From the First Information Report, it appears that there is allegation of obstructing vehicular traffic in protest against the accident which had taken place on a road leading to death of a girl child. These petitioners have been named in the F.I.R. It is alleged against them that they were instigating the mob to cause riot. Learned counsel appearing on behalf of the petitioners has submitted that the petitioners were merely lodging their protest

Patna High Court Cr.Misc. No.43128 of 2017 (2) dt.21-09-2017 2/2 peacefully against the accident which had taken place, because of negligence of the State authorities.

Be that as it may, considering the background of the case at hand, let the petitioners above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Nawada, in connection with Kashichak (Shahpur O.P.) P.S. Case No. 79/2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vinita/- U T