Anil Ram @ Anil Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81661 of 2019 Arising Out of PS. Case No.-198 Year-2012 Thana- SURSAND District- Sitamarhi ====================================================== 1.
ANIL RAM @ ANIL KUMAR RAM S/o Shiv Sharan Ram R/o villageMaidan, P.S.- Sursand, District- Sitamarhi 2.
Naresh Bari @ Naresh Barik S/o Bindu Bari R/o village- Sursand Uttari, P.S.- Sursand, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in a case registered for the offence under section147, 148, 149, 341, 504, 506, 342, 323, 324, 307, 427, 379, 380, 153(A), 353, 332, 186, 337, 295, 295(A), 298 of the IPC and Section 3 of Damage to Public Property Act. As per allegation in the FIR, 70 named accused persons in the crowd of 4000 to 5000 which included the petitioners herein are said to have created chaos at the time of Durga Puja Procession. It is further stated that in the said event public property was also damaged.
It is submitted by learned counsel for the petitioners that the allegations are general and omnibus in nature. The petitioners
Patna High Court CR. MISC. No.81661 of 2019(2) dt.11-12-2019 2/2 who lived outside the State had no knowledge about pendency of the case. The petitioners have no criminal antecedent. Having heard learned counsel for the parties and taking into consideration the nature of allegation the court is inclined to enlarge the petitioners on bail. The petitioners above named, in the event of their arrest or surrender in the Court below within a period of six weeks from today in connection with Sursand P.S. Case No.198 of 2012 are directed to be enlarged 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 Judicial Magistrate, Sitamarhi, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.
However, since the FIR is of the year 2012, it is directed that the petitioners shall remain present in Court on each date of the trial and absence of the petitioners on two consecutive dates for reasons not to the satisfaction of the Court below the Court below shall cancel the bail of the petitioner concerned and take him in custody till conclusion of the trial.
(Partha Sarthy, J) Prakash Narayan U T