Binod Kumar @ Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64330 of 2018 Arising Out of PS. Case No.-622 Year-2017 Thana- MANER District- Patna ====================================================== Binod Kumar @ Om Prakash aged aged 42 years, son of Ramayan Rai @ Ramadhar Rai, at resident of village Mahinawa Bagicha, P.S. Maner, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Helal Ahmad For the Opposite Party/s :

Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2018 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, 152, 188, 341, 323, 307, 332, 333, 337, 338, 427, 441, 353, 504, 506 of the Indian Penal Code and Sections 3⁄4 of Damage to Public Property Act. The prosecution case, in short, is that the accused persons including the petitioner and about 400 unknown violators have obstructed the road and abusing and throwing stones upon the police forces.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.64330 of 2018(2) dt.12-10-2018 2/2 petitioner has falsely been implicated in the present case. The F.I.R. named accused persons and about 400 people were protesting as the sand mining was stopped by the State. General and omnibus allegation has been made. No specific overt act has been alleged against the petitioner. Other co-accused have been granted anticipatory bail vide Cr.Misc.No.36825 of 2018, Cr.Misc. No.57534 of 2018 and Cr.Misc.No.47125 of 2018. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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 Sri Sandeep Kumar, learned Judicial Magistrate, 1st class, Danapur in connection with Maner P.S. case No.622 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T