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Patna High CourtCR. MISC./45268/2019bail granted

Shivaji Ray @ Shivjee Prasad Yadav v. The State Of Bihar

2019-09-30Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45268 of 2019 Arising Out of PS. Case No.-249 Year-2017 Thana- DORIGANJ District- Saran ====================================================== Shivaji Ray @ Shivjee Prasad Yadav, aged 40 years, Male, Son of Prabhu Ray, Resident of Village - Kazi Tola Balwa, P.O.- Bairopur, P.S.- Doriganj, District- Saran at Chapra ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Doriganj P.S. Case No. 249 of 2017 registered under sections 147, 148, 149, 188, 341, 353, 383, 332, 333, 307 with 120(B) of the I.P.C.

The allegation against the petitioner, as per the first information report, is that the petitioner along with about 155 named accused persons and 300 unknown persons blocked the National Highway for protesting of New Balu Policy of the Government and also assaulted the police party during the course of discharge of their official duties.

Learned counsel appearing for the petitioner submits that no specific allegation against the petitioner is in the first information report and altogether 156 persons have been named

Patna High Court CR. MISC. No.45268 of 2019(4) dt.30-09-2019 2/2 along with 300 unknown persons. Learned counsel further submits that allegation is general and omnibus in nature and similarly situated co-accused persons have been granted bail by this Court in Criminal Miscellaneous No. 52053 of 2018 and 28494 of 2019. Having regard the submission made by the parties and taking into consideration the fact that the allegation against the petitioner is general and omnibus and the similarly situated other co-accused persons have been granted bail by this Court, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M 7th, Saran at Chapra in connection with Doriganj P.S. Case No. 249 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.