Dharmendra Kumar @ Dharmendra Kumar Nirara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79950 of 2019 Arising Out of PS. Case No.-261 Year-2019 Thana- BODHGAYA District- Gaya ====================================================== DHARMENDRA KUMAR @ DHARMENDRA KUMAR NIRARA Son of Ashok Yadav @ Ashok Kumar Yadav Resident of Village - Dhanawan, P.S.- Bodh - Gaya, Distt - Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 05-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in Bodh-Gaya PS Case No. 262 of 2019 registered under Sections 147, 149, 109, 188, 333, 353 and 427 of the IPC, Sections 3⁄4 of the Prevention of Damage to Public Property Act, 1984.

It is submitted that the petitioner is one amongst nine persons who have been named in the FIR. Allegation is that 40 - 50 persons had blocked the National Highway in protest for death of one Jagdish Choudhary. Ity is submitted that on suspicion petitioner has been implicated in this case. Other similarly situated have been allowed anticipatory bail in Cr. Misc. No. 58702 of 2019.

Learned APP for the State opposes the prayer. Considering the aforesaid submissions this Court is inclined to allow the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.79950 of 2019(2) dt.05-12-2019 2/2 In the event of arrest or surrender before the court below within four weeks from today, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Gaya in Bodh-Gaya PS Case No. 261 of 2019 subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code as also subject to the following conditions:- (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 each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T