Vikash Jha @ Vikash Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75698 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- ROSERA District- Samastipur ====================================================== Vikash Jha @ Vikash Kumar Jha Son of Lal Bihari Jha Resident of Dhab Mohalla Ward No.4,P.S. Rosera,Distt.-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Sri Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is apprehending his arrest for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 338, 307, 332, 353, 153(A), 153(B), 295, 298, 379, 427, 504, 120B of the Indian Penal Code.
It is submitted by counsel for the petitioner that there is general allegation against 54 named persons including the petitioner and 100 unknown persons of causing some disturbance and resorting to unruly behaviour and setting up the road block. Petitioner's counsel submits that other similarly situated namely, Subham Kumar Sahu @ Shubham Kumar @ Sonu has been granted the privilege of anticipatory bail by this Court in Cr. Misc. No. 57915 of 2018. Also two other co-
Patna High Court Cr.Misc. No.75698 of 2018(2) dt.20-12-2018 2/3 accused namely, Pintu Rai @ Ramajuj Rai and Saurav Kumar have been allowed anticipatory bail by the learned Court below in A.B.P. No. 118-C of 2018 and A.B.P. No. 122-C of 2018. The petitioner was running a shop in the locality and he has no criminal antecedent. The specific allegation is against one Mohan Singh.
In the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. Let the above named petitioner, in the facts and circumstances of the case, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000.- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate -1, Rosera, Samastipur in Rosera P.S. Case No. 99 of 2018 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code.
(i)That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.
(ii) That the Petitioner will be well represented on
Patna High Court Cr.Misc. No.75698 of 2018(2) dt.20-12-2018 3/3 each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J) Prakash/- U