Shubham Kumar @ Shubham Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69537 of 2021 Arising Out of PS. Case No.-180 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== SHUBHAM KUMAR @ SHUBHAM SINGH Son of Vijendra Singh Resident of Village- Bairiya, P.S.- Navinagar, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Leelawati Kumari, Advocate For the Opposite Party/s :
Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 337, 307, 332, 333, 353, 427, 283, 188 and 504 of the Indian Penal Code read with Sections 3 and 4 of the Prevention of Damage of Public Property Act, 1984.
Learned counsel for the petitioner submits that the petitioner has antecedent of four cases and the informant alleges that A.S.I., Basant Yadav informed him that he received secret information that Shubham Kumar accused in Navinagar P.S. Case No. 94 of 2021 is sitting beside Janakpur pond and when Basant Yadav reached the place of occurrence, Shubham Kumar fled on a motorcycle while other person jumped in a pond while
Patna High Court CR. MISC. No.69537 of 2021(2) dt.16-06-2022 2/3 fleeing and died on account of which the ruckus took place in the village.
Learned counsel for the petitioner submits that the villagers became violent and abused the police personnel and damaged ambulance, etc. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that no specific overt act has been alleged against the petitioner of creating ruckus, the allegations are general and omnibus in nature and as far as his criminal antecedents are concerned, two separate F.I.Rs. were also instituted relating to the present occurrence in which petitioner was made an accused.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with
Patna High Court CR. MISC. No.69537 of 2021(2) dt.16-06-2022 3/3 Navinagar P.S. Case No. 180 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T