Shyam Bihari Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15777 of 2021 Arising Out of PS. Case No.-165 Year-2019 Thana- GHORASAHAN District- East Champaran ====================================================== SHYAM BIHARI PRASAD Son of Late Yadochandra Prasad @ Lalbabu Prasad Resident of Village- Bharihari, P.S.- Adapur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar, Advocate For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 341, 323, 295-A, 504, 506, 171-C of the Indian Penal Code and Section 27 of the Arms Act. The allegation against the petitioner is of booth
Patna High Court CR. MISC. No.15777 of 2021(2) dt.14-02-2022 2/3 capturing, throwing pork and assaulting Muslim community. The accused persons fired 20 rounds, in which one Mahtab Alam got injured.
It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Altogether eight named persons alongwith 150 unknown persons have been made accused in the present case. The petitioner is said to be ex M.L.A. and has been implicated in the present case for political reasons. No specific overt act is alleged against the petitioner. Specific overt act is alleged against the co-accused. The F.I.R. has been instituted only to spoil political career of this petitioner.
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in
Patna High Court CR. MISC. No.15777 of 2021(2) dt.14-02-2022 3/3 covid cases.
Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned C.J.M., East Champaran in connection with Ghorasahan P.S. case No.165 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T