Allowed

Sri Bhagwan Singh and Ors. v. The State Of Bihar

Patna HC14 Dec 2018CR. MISC./58321/2018

Case brief

AI extract

What is this about?

In this bail application, the Patna High Court granted anticipatory bail to the petitioners investigated in an FIR alleging obstruction of police duty under sections 147, 149, 283, 353, and 504 of the IPC, requiring them to appear before the court and cooperate in the trial.

What did the court decide?

Bail granted upon furnishing bonds with sureties, undertaking good behaviour, cooperation in trial, and appearance before the Court.

Sri Bhagwan Singh and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.58321 of 2018

¶2

Arising Out of PS. Case No.-11 Year-2018 Thana- Imadpur District- Bhojpur

¶3

======================================================

¶4

1. Sri Bhagwan Singh, S/o Gopal Singh,

¶5

Kaushal Singh, S/o Late Abil Singh.

¶6

Raghupat Singh, S/o Gauri Singh, All residents of VillageBihta, P.S.- Imadpur, District- Bhojpur, Ara.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

¶11

====================================================== Appearance : For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr. Sri Shyam Bihari Singh

¶12

======================================================

¶13

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

¶14

ORAL JUDGMENT

¶15

Date : 14-12-2018

¶16

Heard learned counsel for the petitioners and learned A.P.P. for the State.

¶17

The petitioners apprehend arrest in Imadpur P.S. Case No. 11 of 2018 dated 18.03.2018 instituted under Sections 147/149/283/353/504 of the Indian Penal Code.

¶18

The allegation against the petitioners and other two named and 10 unknown is of causing obstruction in the discharge of official duty by a public servant. It is alleged that the petitioners along with others had put up barricade and had closed the public road demanding release of a criminal, who was arrested by the police.

¶19

Patna High Court Cr.Misc. No.58321 of 2018 dt.14-12-2018 2/3

¶20

Learned counsel for the petitioners submitted that nowhere it is alleged that either there was any violence or any loss of property caused even if the allegations are accepted to be true. Learned counsel further submitted that for obstructing the traffic and blocking the road, liability cannot be fastened only on the petitioners as it was the common anger at that time in the public which created the situation without there being any intention or overt act by the petitioners.

¶21

Learned A.P.P. for the State was not in a position to controvert the submissions made by learned counsel for the petitioners.

¶22

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below, within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1^st Class, Bhojpur, Ara in Imadpur P.S. Case No. 11 of 2018, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

¶23

The petitioners and the bailors shall execute bond with regard to good behaviour of the petitioners. The petitioners

¶24

Patna High Court Cr.Misc. No.58321 of 2018 dt.14-12-2018 3/3

¶25

shall also give an undertaking to the Court that they shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of their bail bonds. The petitioners shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of their bail bonds.

¶26

(Ahsanuddin Amanullah, J)

¶27

P. Kumar

¶28

AFR/NAFR U T

Sri Bhagwan Singh and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sri Bhagwan Singh and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dharmendra Kumar Verma Vs The Union Of India Through C.b.i.

Kumari Kamala Sinha @ Kamla Kumari Sinha Vs the State of Bihar and Anr.

Anita Devi Vs The State Of Bihar

Devi Mandal and Ors. Vs State Of Bihar and Anr.

Narendra Yadav and Anr. Vs The State Of Bihar

Kiran Kumari and Anr. Vs The State Of Bihar