Vikki @ Birendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52606 of 2018 Arising Out of PS. Case No.-252 Year-2015 Thana- PIRO District- Bhojpur ====================================================== Vikki @ Birendra Prasad, Son of Shivji Sah, resident of VillageNarayanpur, Police Station- Piro in the district of Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Navin Sharma For the Opposite Party/s :

Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 325, 307, 353, 435, 427, 504 and 506 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in short, is that on account of negligent and rash driving by a truck driver, an accident took place in which one person died on spot against which a crowd of 82 known and 100 unknown persons attacked on truck and set it on fire. The accused persons also started attacking on police party.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.52606 of 2018(2) dt.10-09-2018 2/2 allegation of tampering of witnesses alleged against the petitioner. Altogether 82 persons including the petitioner and 500 unknown have been named in the F.I.R. There is general and omnibus allegation has been levelled against the petitioner. No specific overt act has been alleged against the petitioner. Other co-accused has been granted anticipatory bail vide Annexure-2 to this application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -I, Bhojpur, Ara in connection with Piro (Hasan Bazar) P.S. Case No. 252 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T