Shammi Kapoor And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4209 of 2018 Arising Out of PS.Case No. -801 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Shammi Kapoor, S/O Rajendra Bhagat, Resident of Village - Marar Dakshini, Police Station - Morkahi, District - Khagaria.

2. Hira Nand Singh @ Heera Nandan Singh, S/O Pratap Narayan Singh, Resident of Village - Chakhusaini, Police Station - Munsi, District - Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 801 of 2017 dated 13.11.2017 for the offences under Sections 143, 186 and 353 of the Indian Penal Code.

It has been alleged by an Assistant Settlement Officer, Khagaria that at the instance of the petitioner no. 1, who is the president of District Ward Members, a protest was staged in front of the Collectorate bypassing the prohibitory orders. Because of holding of such protest, the law and order situation got disturbed for sometime.

Learned counsel for the petitioners has submitted

Patna High Court Cr.Misc. No.4209 of 2018 (2) dt.01-02-2018 that only because the petitioners have been instrumental in letting the people know that no work is being done by the officers of the Collectorate, they have been falsely implicated in this case. No offence under Section 353 of the IPC, from the facts of the case, can at all be said to have been made out.

Considering the aforesaid facts, the petitioners above named, are directed to be released in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 801 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) KKSINHA/- U T