Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44599 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Ramesh Kumar, Son of Mahesh Mahto, Resident of village- Nayagaon Mushahari, District-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Bela Singh, Adv. For the Opposite Party/s : Mrs. Renuka Ratnakar, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-12-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Mushahari P.S. Case No. 53 of 2017, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 353, 452, 427, 120B and 283 of the Indian Penal Code. There are 20 persons named and nearly 200 not named in the First Information Report, who are said to have committed the offence. From the First Information Report, it appears that the people were protesting against the death of a child in a road accident and they were obstructing flow of traffic. When the informant, in his capacity as Block Development Officer, attempted to intercede, the public, who had gathered, assaulted him, causing injuries. Learned counsel for the petitioner has submitted

Patna High Court Cr.Misc. No.44599 of 2017 (3) dt.20-12-2017 2/2 that the allegation of assault is general and omnibus and there is no specific allegation against the petitioner. She has also submitted that, in any view of the matter, there is no chance of the petitioner fleeing from the course of investigation.

Considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, 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 learned Additional Chief Judicial Magistrate-III, Muzaffarpur, in connection with Mushahari P.S. Case No. 53 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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

Praveen-II/- (Chakradhari Sharan Singh, J) U T