Narendra Kumar @ Bambam Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59591 of 2019 Arising Out of PS. Case No.-60 Year-2017 Thana- SAHARGHAT District- Madhubani ====================================================== NARENDRA KUMAR @ BAMBAM THAKUR (wrongly mentioned in the F.I.R. as Sanjeev Thakur), aged about 38 years, Male, Son of Ram Narayan Thakur, Resident of Village- Baingra, P.S.- Saharghat, District- Madhubani ... Petitioner

Versus

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

For the Petitioner :

Mr. Gagan Deo Yadav, Adv.

For the Opposite Party :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Saharghat P.S. Case No. 60 of 2017 for the offences alleged under Sections 143, 147, 114, 116, 353, 504 and 506 of the Indian Penal Code.

The accusation is that due to death of Bhune Yadav through electric shock UD Case No. 3 of 2017 was instituted, but, after post mortem, the family members of Bhune Yadav and villagers, blocked the road fixing bamboo and started demanding compensation. On receiving the aforesaid information, the informant, along with other police officials, reached there, then, saw that 21 persons, named in the first information report, along with the petitioner and 25 others were raising slogan against the police and electricity department creating nuisance in discharge of official duty in removing the blockade of the road. At that time, this petitioner instigated the

Patna High Court CR. MISC. No.59591 of 2019(2) dt.20-09-2019 2/2 mob to burn the vehicle stopped on the road, but, anyhow, after 12 hours the road was cleared.

The submission of the learned counsel for the petitioner is that the petitioner has no criminal antecedent with allegation that he instigated the mob to put fire the vehicle present there, but, not a single vehicle was burnt at that time by the members of the mob.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Saharghat P.S. Case No. 60 of 2017 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Subdivisional Judicial Magistrate, Benipatti, Madhubani, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T