Sujit Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55563 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- LAURIA District- West Champaran ====================================================== Sujit Sah, aged about 30 years, male, S/o Gobari Sah, R/o Village- Parau Tola, P.S.- Lauriya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner apprehends his arrest in connection with Lauriya P.S. Case No. 73 of 2019 registered under sections 147, 148, 149, 341, 323, 188, 383, 353, 504, 506 of IPC and under Sections 5, 6 of Essential Services Maintenance Act. The allegation against the petitioner, as per the first information report, is that one person had met with an accident on NH-727 near Indian Oil Petrol Pump and petitioner along with other 24 named accused persons and 30 to 40 unknown persons had blocked the road which caused inconvenience to the public, when the police started taking steps for sending the dead body for postmortem. The petitioner and others started scuffling with the police party and used un-parliamentary language and
Patna High Court CR. MISC. No.55563 of 2019(2) dt.03-09-2019 2/3 created law and order situation.
Mr. Bimlesh Kumar Pandey, learned counsel appearing for the petitioner submits that the petitioner is the local resident and has falsely been implicated in this case on the basis of general and omnibus allegation. Learned counsel further submits that no offence has been alleged in the first information report and it was due to public reaction a large number of people had assembled near the place of occurrence. Learned counsel for the petitioner further submits that the petitioner has not got any criminal antecedent. After having heard learned counsel for the parties and taking into consideration the fact that the petitioner has no criminal antecedent and further the allegation against the petitioner is general and omnibus in nature, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Ist, Bettiah, West Champaran in connection with Lauriya P.S. Case
Patna High Court CR. MISC. No.55563 of 2019(2) dt.03-09-2019 3/3 No. 73 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anil Kumar Sinha, J) Anjula/- U