Vikash Jha @ Vikash Kumar Jha @ Vikas Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56159 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- SAKATPUR District- Darbhanga ====================================================== VIKASH JHA @ VIKASH KUMAR JHA @ VIKAS JHA Son of Anand Jha Resident of Village - Ujan, P.S.- Sakatpur, District - Darbhanga .. ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Jha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sakatpur P.S. Case No. 24 of 2019 for the offence punishable under Sections 147, 148, 149, 353, 154(A), 295, 337, 427, 504, 341, 323 and 506 of the Indian Penal Code.

There is general allegation against all the persons named in the First Information Report and other 50-60 not named, who had formed an unlawful assembly and while demanding arrest of two persons, who had illegally confined someone on the occasion of Holi festival, had not only obstructed free flow of traffic on the road, they also ransacked the articles lying outside the house of a person belonging to another community. They are said to have indulged in brick batting.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.56159 of 2019(2) dt.05-09-2019 2/2 petitioner has submitted that there is no allegation of any specific overt act against him.

Considering the above, this application is allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on 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.-VIII, Darbhanga, in Sakatpur P.S. Case No. 24 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

Let the District Magistrate, Darbhanga, examine as to whether it is a fit case, which requires invocation of the provisions of Bihar Collective Fines (Imposition) Act, 1982 Let a copy of this order be communicated to the District Magistrate, Darbhanga, forthwith.

(Chakradhari Sharan Singh, J) Pawan/- U T