Shambhu Saran Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59845 of 2017 Arising Out of PS. Case No.-96 Year-2015 Thana- PAKARIBARAW District- Nawada ====================================================== Shambhu Saran Singh Son of Lakeshwar Prasad Singh Resident of Village Dumrawan, P.S. Pakribrawan, District Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv.

For the State :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147/149/353/379/427 of the Indian Penal Code. Prosecution case is that one Munna Yadav died in a road accident upon which a mob began to protest and pelted stones on the administration and the police force, leading to registration of FIR against 11 named and 150 unknown. The petitioner was not named in the FIR. The name of the petitioner sprang up during investigation.

It is submitted by learned counsel for the petitioner that accusation is against a mob. The petitioner was not named in the FIR and maliciously the petitioner has subsequently been

Patna High Court Cr.Misc. No.59845 of 2017(2) dt.12-12-2017 2/2 roped in as an accused by the police. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Moreover, the FIR named accused persons have been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 46908 of 2015 and Cr. Misc. No. 49125 of 2015.

Considering the fact that petitioner's name sprang up during investigation and that he is not having any criminal antecedent and that the co-accused have been granted anticipatory bail, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, 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, Nawada, in connection with Pakribrawan P.S. Case No.96 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T