Shambhu Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6034 of 2018 Arising Out of PS. Case No.-240 Year-2017 Thana- MAHUA District- Vaishali ====================================================== Shambhu Rajak Son of Rambriksh Rajak. Resident of Village-Paharpur, P.S.- Mahua, District-Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vasant Vikas, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Mahua P.S. case No.240 of 2017, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 338, 307, 333, 353, 283, 504 of the Indian Penal Code and Sections 5 and 6 of the Essential Services Maintenance Act. On receipt of information that the death has occurred in Paharpur village and when the police party visited the place, nearly 300 people were seen blocking the road and were not allowed to go. On seeing the police party, the accused persons started raising slogans against the police and also engaged in brick batting.
Counsel for the petitioner submits that there is no
Patna High Court Cr.Misc. No.6034 of 2018(2) dt.02-02-2018 2/2 allegation against the petitioner. He was only a member of the mob.
Looking to the aforesaid facts, let the petitioner, namely, Shambhu Rajak, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. case No.240 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that the petitioner will co-operate in the investigation and whenever he was called by the police he will present himself. In failure to appear on two consecutive dates, the Investigating Officer will be at liberty to pray before the court below for cancellation of anticipatory bail. (Shivaji Pandey, J) Narendra/- U T