Shailesh Kumar @ Shailendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48931 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -PARASBIGHA District- JEHANABAD ====================================================== Shailesh Kumar @ Shailendra Sharma, Son of Sharma Nand Sharma, Resident of village- Sujoila, P.S.- Paras Bigha, District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Advocate. For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Paras Bigha P.S. Case No. 102 of 2017 instituted for the offence under Sections 147, 148,149, 341, 323, 504, 506, 353, 307, 427 of the Indian Penal Code and Sections 3/4 of the Prevention of Damage to Public Property Act .

Learned counsel for the petitioner has submitted that there is no injury to anybody. There was mob who had blocked NH-110 due to demand of electricity.

In the impugned order the learned Sessions Judge has stated that under the leadership of this petitioner, other co-accused persons had blocked NH-110.

As such, there is general and omnibus allegation

Patna High Court Cr.Misc. No.48931 of 2017 (3) dt.03-11-2017 2/2 against this petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Paras Bigha P.S. Case No. 102 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.