Sushil Singh @ Sushil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43635 of 2018 Arising Out of PS.Case No. -415 Year- 2017 Thana -PARWATTA District- KHAGARIA ======================================================

1. Sushil Singh @ Sushil Kumar Singh, son of Anup Lal Singh, resident of Village Salarpur, P.S. Parbatta, District - Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Parbatta (Bharat Khand) P.S. Case No.415 of 2017 instituted for the offence under Section(s) 147, 149, 109, 151, 341, 323, 188, 120B, 504, 363 Indian Penal Code. Counsel for the petitioner submits that although petitioner is named in the First Information Report, there is no allegation of specific overt act against the petitioner. There is general and omnibus allegation in the written report. It is alleged in the written report that on the date of occurrence the informant was deputed to maintain peace at the construction place of electric sub-grid. The petitioner and other accused persons raised slogans against administration and also

Patna High Court Cr.Misc. No.43635 of 2018 (3) dt.01-08-2018 2/2 entered into scuffle with the informant causing obstruction in discharge of official duty.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Parbatta (Bharat Khand) P.S. Case No.415 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gogari, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T