Shyam Sunder @ Shyam Sunder Yadav @Shyamsundar Yadav @Shyamsundar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65444 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- GOH District- Aurangabad ====================================================== Shyam Sunder @ Shyam Sunder Yadav @SHYAMSUNDAR Yadav @SHYAMSUNDAR S/O Late Raja Ram Singh R/O Village- Mahesh Parasi, P.O- Gorekati, P.S- Uphara, Aurangabad, Distt.- Aurangabad (BIHAR) Pin824203. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shakib Ayaz, Advocate For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Goh P.S. Case No. 175 of 2022 dated 18.06.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 342, 504, 427, 307, 188, 290, 186, 189 and 353 of the Indian Penal Code and u/s 3/4 of the Prevention of Damage to Public Property Act.
3. As per the prosecution case, the petitioner and the other co-accused persons who were the member of unlawful assembly assembled at Jagpati Chowk against the Agnipath Scheme of the Central Government and obstructed the road and
Patna High Court CR. MISC. No.65444 of 2023(2) dt.08-11-2023 2/3 started pelting stones on the police personnel and caused injury to them and damaged the vehicles. They also entered the government office and damaged the glass and also damaged the shops situated there. It is further alleged that the petitioner and the other co-accused persons caused hindrance in discharge of official duties of the police personnel.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner is accused in 8 other criminal cases which are related to similar nature of offence as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Daudnagar,
Patna High Court CR. MISC. No.65444 of 2023(2) dt.08-11-2023 3/3 Aurangabad in connection with Goh P.S. Case No. 175 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with further condition/s - (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.
(ii) If the petitioner is found involved in similar nature of offence in future, his bail bond is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T