Sakendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9633 of 2018 Arising Out of PS. Case No.-99 Year-2017 Thana- KHAIRA District- Jamui ====================================================== Sakendra Yadav S/o Bharosi Yadav, R/o Village- Vallopur, P.S.- Khaira, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar For the Opposite Party/s :
Mr. SRI TARUN PRASAD MANDAL ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2018 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under sections 147,148,149,341,323,307,332,333,353,427,504,337 and 338 of the IPC.
The prosecution case got initiated on the self-statement of Srikant Kumar, SHO, Khaira Police Station dated 14.4.2017, to the effect that on 14.4.2017 at 6.45 P.M. the informant received an information through mobile phone that a speeding pick-up van has hit the barrier, as a result a passengers got injured. The informant went to the place of occurrence and tried to send the injured to Primary Health Centre, Khaira but the mob which had gathered on the spot became violent and obstructed the informant from
Patna High Court Cr.Misc. No.9633 of 2018(2) dt.19-02-2018 2/3 discharging his official duty. On arrival of the S.P., SDPO and BDO, Jamui the matter was pacified.
It is submitted by learned counsel for the petitioner that the the accusation is general and omnibus against the mob. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and similarly situated co-accused have been granted anticipatory bail by different benches of this court vide Cr. Misc. Nos. 57054, 55864 and 62300 of 2017.
The learned APP submits that petitioner is named in the FIR with accusation of obstructing police in discharge of official duty.
Considering the fact that the accusation is against the mob and similarly situated co-accused have been granted anticipatory bail, coupled with the statement in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Jamui in connection with Khaira P.S. Case No.99 of 2017 subject to the conditions laid down in
Patna High Court Cr.Misc. No.9633 of 2018(2) dt.19-02-2018 3/3 Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) anil/- U