Pintu Bhagat @ Amit Kumar Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58781 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- BHAWANIPUR District- Purnia ====================================================== 1.

Pintu Bhagat @ Amit Kumar Bhagat S/o Jay Prakash Bhagat 2.

Pramod Shah @ Pramod Kumar S/o Late Jagdish Pd. Shah 3.

Triveni Jaishwal @ Triveni Prasad Jaishwal S/o Jahuri Pd. Jaishwal 4.

Narendra Kumar Jain @ Narendra Kumar Malu S/o Late Kishan Lal Malu 5.

Rajesh Mehta @ Rajesh Mahto S/o Dinesh Mehta 6.

Bechan Bhagat S/o Late Sita Ram Bhagat 7.

Ranjeet Yadav S/o Jai Singh Yadav 8.

Bhola Kumar Bhagat S/o Late Hari Lal Bhagat All are residents of village and P.S.- Bhawanipur, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Bhawanipur P.S. Case No. 86 of 2019, registered under Sections 143, 147, 149, 341, 342, 353 and 504 of the Indian Penal Code.

The allegation against the petitioners, as per FIR, is that petitioners along with other named accused persons and about 200 unknown persons blocked the State highway, raised

Patna High Court CR. MISC. No.58781 of 2019(2) dt.18-09-2019 2/3 slogans against the police party and abused them also. It has further been alleged that all the persons were protesting against the road robbery which had taken place under Dhamdaha police station.

Learned counsel for the petitioners submits that there is no specific allegation against the petitioners for creating nuisance or abusing the police party, inasmuch as all together 25 named accused are there in FIR along with 200 unknown accused persons.

Learned counsel for the petitioners relying upon annexure-2 submits that similarly situated accused persons have been granted anticipatory bail by this Court in Crl. Misc. No.51926 of 2019.

After having heard learned counsel for the parties and taking into consideration the fact that similarly situated accused persons have been granted bail by this Court, I am inclined to grant anticipatory bail to the petitioners. This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount

Patna High Court CR. MISC. No.58781 of 2019(2) dt.18-09-2019 3/3 each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Bahwanipur P.S. Case No. 86 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T