Santu Soni @ Santu Kumar Soni @ Prince Kumar Sony v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37245 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -JIRADEI District- SIWAN ======================================================

1. Santu Soni @ Santu Kumar Soni @ Prince Kumar Sony, Son of Tarun Soni @ Tarun Kumar Soni, resident of Village- Jamapur, P.S.- Jeeradei, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bam Bahadur Jha For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Jeeradei P.S. Case No. 09 of 2016, disclosing offences under Sections 147,148,149,341,323,307,447,353,427,504,307 and 504 of the Indian Penal Code.

Allegation against the persons made accused in the First Information Report is that they tried to get accused Rajesh Singh freed forcibly from the custody of the police. The said Rajesh Singh was arrested by the police in connection with a different case. Allegedly, more than 100 persons had assembled including this petitioner to ensure release of the said Rajesh Singh. It is alleged against this petitioner and four others that they instigated the mob,

whereafter, they pelted stones and attacked the police personnel.

Learned counsel for the petitioner has submitted that the petitioner is a student and the allegation in the First Information Report is omnibus and vague and, therefore, he should be released on anticipatory bail.

Considering the facts and circumstances and the nature of allegation, I allow this application with the condition that the petitioner for three months from the date of his release on bail by virtue of present order shall present himself before the Officer Incharge of Jeeradei Police Station on every Sunday in the morning.

Let petitioner above-named in the event of his arrest/surrender within four 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 Chief Judicial Magistrate, Siwan, in Jeeradei P.S. Case No. 09 of 2016, 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. (Chakradhari Sharan Singh, J) ArunKumar/- U