Shashi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12468 of 2018 Arising Out of PS.Case No. -99 Year- 2017 Thana -NARHAT District- NAWADA ====================================================== Shashi Kumar, Son of Vijay Prasad, Resident of Village-Narhat Koiri Tola, P.S. Narhat, District Nawada.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate. For the Opposite Party/s : Mr. Rajkishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Narhat P.S. Case No. 99 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 504, 332, 333, 307, 353, 452, 427, 436, 188, 506, 120(B), 379/411 of the Indian Penal Code and Sections 3/4 of Damage to Public Property Act.
It is alleged in the written report that on account of death of patient Paramjeet Kumar, the family members of the deceased took out the dead body and about 80-100 persons armed with brick, rod, lathi, danda etc. came and assaulted the doctors and staff of the Hospital. They also caused obstruction in discharge of duty and set fire in the hospital. The petitioner is named in the written report.
Patna High Court Cr.Misc. No.12468 of 2018 (3) dt.03-04-2018 2/3 There is general and omnibus allegation against the petitioner.
Learned counsel for the petitioner has submitted that other co-accused persons have already been granted anticipatory bail by coordinate Benches of this Court vide orders dated 08.11.2017 and 09.11.2017 passed in Cr. Misc. 43735 of 2017 and 52713 of 2017 respectively.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Narhat P.S. Case No. 99 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Nawada, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the
Patna High Court Cr.Misc. No.12468 of 2018 (3) dt.03-04-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T