Chhotan Jha @ Satish Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.503 of 2020 Arising Out of PS. Case No.-362 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== CHHOTAN JHA @ SATISH KUMAR JHA Son of Umesh Jha @ Umeshwar Jha Resident of Village - Roshi, P.S.- Bochahan, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 283, 332, 333, 353 and 504 of the Indian Penal Code.

The prosecution case in short is that due to a death on account of accident, being assembled, the villagers blocked NH57. While the informant with other police personnel reached there to pacify the situation, nine named and several otheer persons protested them and started chasing them with bamboo,

Patna High Court CR. MISC. No.503 of 2020(3) dt.16-06-2020 2/3 Fatta and thereafter, started pelting bricks and stones, as a result of which, NH-57 became blocked and they abused the police personnel and attacked them.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-cum-Sub JudgeXV, Muzaffarpur in connection with Bochahan P.S. Case No. 362 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.503 of 2020(3) dt.16-06-2020 3/3 two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T