Shrawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8614 of 2016 Arising Out of PS.Case No. -78 Year- 2015 Thana -GURARU District- GAYA ====================================================== Shrawan Kumar Son of Mahendra Prasad Resident of village - Jagir, Police Station - Guraru, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Murlidhar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 353, 337, 427, 307, 188, 504, 506, 109 and 115 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that the informant being SHO of Guraru police station received an information with regard to lying of a dead body near Guraru station railway track thereafter the informant went there and found a dead body and when he was taking dead body to ANMCH, Gaya for postmortem, the mob of 200 persons attacked the police force, assaulted the police constables and officers when the constables received injuries. The accused persons also resorted to fire when three empty cartridges

Patna High Court Cr.Misc. No.8614 of 2016 (2) dt.23-02-2016 2/2 were recovered from the place of occurrence.

It is submitted by learned counsel for the petitioner that FIR has been registered against 23 named including the petitioner and 200 unknown. The accusation is against the mob. It is further alleged that the mob was protesting against inaction of the police when maliciously the case has been lodged. Similarly situated coaccused has been granted anticipatory bail vide Cr. Misc. No. 412 of 2016. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Gaya in connection with Guraru P.S. Case No. 78 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T