Shiv Sharan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41869 of 2014 Arising Out of PS.Case No. -77 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Shiv Sharan Gupta Son of Rajendra Prasad Gupta Resident of Village-Ram Khetari, P.S.-Aurai, District-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar Mr. Kailash Nath Diwakar Mr. Raju Kumar Goshwami For the Opposite Party/s : Mr. M.K. Nirala(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Runnisaidpur P.S. Case No. 77 of 2004 registered under Sections 147, 148 149, 323, 325, 307, 332, 333, 353, 427 and 379/411 of the Indian Penal Code.

The accusation against the petitioner is that the villagers and relatives of the deceased, who died during the course of treatment on account of firing by unknown miscreants, after keeping the dead body on the road, caused obstruction in the traffic. The informant and other police officials reached there and found 500 persons had blocked the road after keeping the dead

Patna High Court Cr.Misc. No.41869 of 2014 (2) dt.16-04-2015 2/2 body of the deceased. It is further alleged that the petitioner along with 500 male and female started pelting stones and bricks on the police personnel causing damage to the vehicles, assaulted and also snatched rifle along with cartridges.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. itself that petitioner, named in the F.I.R., is a member of mob without any overt act. It is also submitted that petitioner has no criminal antecedent. Having considered the facts and circumstances of the case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Sitamarhi in connection with Runnisaidpur P.S. Case No. 77 of 2014 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J.) Shail/- U T