Patna High CourtCR. MISC./69059/2021allowed

Dinesh Ram v. The State Of Bihar

2022-07-18Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66505 of 2021 Arising Out of PS. Case No.-179 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== SATISH KUMAR S/o Rambalak Sah R/o village- Maibi, Post- Kishanpur, P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 69059 of 2021 Arising Out of PS. Case No.-179 Year-2021 Thana- BATHNAHA District- Sitamarhi ====================================================== DINESH RAM Son of Biltu Ram Resident of Village- Maibi, Post- Kishanpur, P.S.- Bathnaha, District- Sitamarhi. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 66505 of 2021) For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar (In CRIMINAL MISCELLANEOUS No. 69059 of 2021) For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bathnaha P.S. Case no. 179 of 2021 instituted for the offence punishable under Sections 188, 270, 290, 291, 283, 353,

Patna High Court CR. MISC. No.66505 of 2021(2) dt.18-07-2022 2/3 504, 506/34 of the Indian Penal Code and Section 8(b) of National Highway Act, 1956. As per allegation in the FIR, petitioners along with other co-accused persons have created hindrance by putting the ambulance of dead body on N.H.77 at Kamaldah Chowk. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Petitioners were present there only with a purpose to see the dead bodies. They are not having intention to block the road. Local Chaukidar has disclosed the names of the petitioners before the police, which has got no evidentiary value in the eye of law.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bathnaha P.S. Case no. 179 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.66505 of 2021(2) dt.18-07-2022 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U