Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57034 of 2018 Arising Out of PS. Case No.-363 Year-2018 Thana- BIHTA District- Patna ====================================================== Shivam Kumar S/o Jyotish Kumar @ Jyotish Singh, R/o Vill.- Painal, P.S.- Bihta (Neora O.P.), District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamlesh Kumar Sharma For the Opposite Party/s :

Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bihta P.S. Case No. 363 of 2018 dated 10.04.2018 instituted for the offences under Sections 147, 149, 341, 283, 427 and 353 of the Indian Penal Code.

On 10.04.2018, about 50-100 persons had blockaded the Bihta-Khagaul road near Panal Petrol Pump. The petitioner was spotted as being member of the mob which had blocked the road.

Learned counsel appearing for the petitioner has submitted that his identification is on the basis of information provided by local functionaries who have chosen to falsely implicate the petitioner. Despite the

Patna High Court Cr.Misc. No.57034 of 2018(3) dt.10-12-2018 2/2 petitioner being named in the FIR, there is no specific accusation against him.

Regard being had to the general nature of accusation and that only one case is said to have been registered against the petitioner apart from the present case, he is directed to be released on bail, in the event of his 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 his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Danapur in connection with Bihta P.S. Case No. 363 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T