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Patna High CourtCR. MISC./14761/2018bail granted

Umashankar Poddar And ANR v. The State Of Bihar

2018-04-06Mr. Justice Sanjay Kumar2 pages

Patna High Court Cr.Misc. No.14761 of 2018 (2) dt.06-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14761 of 2018 Arising Out of PS.Case No. -493 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Umashankar Poddar, S/o Late Narayan Poddar.

2. Neeraj Kumar S/o Anil Sharma, Both R/o Village- Rajaura, P.S.- Muffasil, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nakul Kumar Jamuar For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-04-2018 Heard.

The petitioners apprehend arrest in connection with Muffasil P.S .Case No.493 of 2017 registered for an offence under Section 120(B) and other allied sections of the IPC. Allegation is that this petitioner and nine others who are named in the FIR along with fifteen unknown in order to protest the arresting of an accused by the police blocked the road and caused hindrance on public road.

It has been submitted that the petitioner is a shopkeeper having licence and he has been made accused as he was present in the shop. The allegation is omnibus and there is no antecedent against the petitioner.

Patna High Court Cr.Misc. No.14761 of 2018 (2) dt.06-04-2018 Learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Begusarai in connection with Muffasil P.S.Case No.493 of 2017, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T