Shiv Bihari Singh @ Bhawsagar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35660 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Shiv Bihari Singh @ Bhawsagar, Son of Jawahar Singh, Resident of Village- Mahdeva, P.S.- Nasriganj, District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Nasriganj P.S. Case No. 52 of 2018 registered under Sections 341, 323, 504, 506 and 354 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that save and except section 354 of the Indian Penal Code, all other sections are bailable in nature. It is further submitted that the observations made by the learned Sessions Judge while rejecting the application for grant of pre-arrest bail to the petitioner clearly suggest that in course of investigation no material could be brought to support the ingredients under section 354 of the Indian Penal Code.

Patna High Court Cr.Misc. No.35660 of 2018 (2) dt.29-06-2018 Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. Having seen the order dated 11.05.2018 passed by the learned Sessions Judge-7th, Rohtas at Sasaram in ABP No.728 of 2018, I find substance in the submission made by the learned counsel for the petitioner that the court below has observed after looking into the case diary that no material has been brought to support the allegation made under Section 354 of the Indian Penal Code.

In that view of the matter, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to 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 the Judicial Magistrate-1st Class, Bikramganj, Rohtas in connection with Nasriganj P.S. Case No. 52 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T