Sushant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52051 of 2018 Arising Out of PS. Case No.-250 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Sushant Yadav S/o Doman Yadav, R/o Vill.- Mukhdumpur Dih, P.S.- Makhdumpur, Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiw Kumar Prabhakar For the Opposite Party/s :

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Makhdumpur P.S. Case No.250 of 2018, disclosing offences under Sections 147, 148, 149, 186, 189, 341, 342, 323, 332, 353, 427, 504, and 506 of the Indian Penal Code. Allegedly, when the police were taking action against the liquor vendors and consumers, some anti-social elements had blocked the road and were pressurizing the police to release the accused persons. Allegedly, 25-30 persons had assembled variously armed and they pelted stones on police. The petitioner is named in the F.I.R. Learned counsel for the petitioner contends, however, that there is no specific allegation of any overt act against this petitioner and there was no reason how this petitioner could be identified by the informant who is Sub-

Patna High Court Cr.Misc. No.52051 of 2018(2) dt.28-09-2018 2/2 Inspector-cum-Officer In-Charge of the police station. Considering the submission that there is no specific allegation against the petitioner in the F.I.R., this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in Makhdumpur P.S. Case No.250 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) arun/Rajan U T