Raman Keshari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1470 of 2018 Arising Out of PS. Case No.-262 Year-2017 Thana- MEERGANJ District- Gopalganj ======================================================

1. Raman Keshari, Son of Kanhaiya Prasad

2. Rajan Soni, Son of Vijay Soni, Both are of Resident of MohallaMain Road, Hathua More, Mirganj, Police Station- Mirganj, District- Gopalganj.

... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr. SRI RANA RANDHIR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 296, 298 and 353/34 of the IPC.

The prosecution case is that the informant being the Executive Officer, Nagar Panchayat, Mirganj was deputed as Magistrate during the Muharram procession on 01.10.2017 and when the Muharram procession reached near the Durga Pandal then the petitioners being the Chairman and member of Durga Puja Samittee, raised the volume of the loudspeaker and when the informant and other police personnel forbade them from doing so, they protested.

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.1470 of 2018(2) dt.11-01-2018 2/2 even assuming the accusation to be true, no offence under Sections 353, 296 and 298/34 of the IPC is made out. The informant has maliciously lodged the present case. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Considering the nature of accusation and the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XVI, Gopalganj in connection with Mirganj P.S. Case No. 262 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T