Mukesh Kumar Gupta @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28380 of 2014 ======================================================

1. Mukesh Kumar Gupta @ Mukesh Kumar Sonof Kishori Prasad Gupta R/o Village - Parsa, P.S. - Sursand, District - Sitamarhi at present posted as constable CRPF at Jharkhand .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. S.N.Shukla(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-01-2015 Heard the parties.

This is an application for anticipatory bail for the offence punishable under sections 147, 149, 323, 295, 295A of the I.P.C.

Allegedly when on the occasion of Muharram Daha procession was going on the F.I.R. named accused persons and 4-5 unknown started dismantling the Daha and when objection was raised the informant was assaulted by the accused persons and the people of muslim community started fleeing away and after some time people of Hindu community started pelting stones from the road on account of which the people who were playing Daha went hither and thither leaving the Daha and the informant and another sustained injury.

Patna High Court Cr.Misc. No.28380 of 2014 (4) dt.13-01-2015 Submission is that that the petitioner is not named in the F.I.R. During investigation number of accused persons has been developed time to time. In paragraph-4 witness Soni Khatoon has stated the name of the petitioner that he was throwing brick bats. Petitioner is constable in the C.R.P.F. and he was not present at the place of occurrence rather he was in his house and within 20 minutes police come and the matter was pacified and since there was peace in both the communities and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. opposes.

As the name of the petitioner has come later on that he was throwing brick bats only and he was not indulged in dismantling Deha and as such the above named petitioner, in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Pupri, Sitamarhi in Sursand P.S. Case No. 257 of 2013 subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T