Patna High CourtCR. MISC./65628/2024bail granted

Shambhu Ravidas v. The State Of Bihar

2024-09-23Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65628 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- VISHNUPAD District- Gaya ====================================================== Shambhu Ravidas Son of Gobardhan Ravidas R/o Village- Hariharpur Tola Ghoghariya, P.S.- Bodh Gaya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 343, 353, 504 and 506 of the Indian Penal Code, Section 27 of the Arms Act read with Section 37 of the Bihar Excise Act and Sections 6 and 9 of the Loudspeaker Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that during Shab-e-Barat, police received information about loud music disrupting prayers at a mosque, accordingly, the police reached the place of occurrence, when it is alleged that miscreants started throwing bricks and stone injuring the police and also fired shot, but police arrested several suspects

Patna High Court CR. MISC. No.65628 of 2024(2) dt.23-09-2024 2/3 and recovered a motorcycle along with sound equipments and firearm.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession. It is next submitted that petitioner resides close by to the place of occurrence and on hearing that a scuffle had taken place, he had also gone to the place of occurrence when the police arrived, as such, he fled from the place of occurrence leaving his motorcycle. It is submitted, at the cost of repetition, that petitioner is a person with clean antecedent. It is also submitted that the allegations against the petitioner are general and omnibus in nature.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Vishnupad P.S.

Patna High Court CR. MISC. No.65628 of 2024(2) dt.23-09-2024 3/3 Case No. 68 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear that the learned Trial Court before accepting the bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Rishabh/- U T