Chand @ Chand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40310 of 2018 Arising Out of PS.Case No. -116 Year- 2017 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Chand @ Chand Kumar, Son of Kamdeo Singh, Resident of Village Baro Kadirchak, P.S. Phulwaria, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Phulwaria P.S. Case No. 116 of 2017, registered for offences punishable under Sections 147, 148, 149, 153A, 353A, 295A, 332, 327, 337, 307, 427 of the Indian Penal Code and Section 27 of Arms Act.

Allegation against the petitioner is that the petitioner along with several other co-accused persons have made unlawful assembly and giving provocative speech against the police and others during immersion of idol.

Submission of the learned counsel for the petitioner is that the petitioner is not named in the FIR and no specific allegation has been attributed against the petitioner.

Patna High Court Cr.Misc. No.40310 of 2018 (2) dt.11-07-2018 2/2 Learned A.P.P. opposes the prayer for.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders before the court below within a period of six weeks from the date of the order, he will be released on provisional bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Raghubir Prasad, learned Judicial Magistrate, 1st Class, Begusarai, in connection with Phulwaria P.S. Case No. 116 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/Priyanka/- U T