Bitesh Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.42298 of 2018 (2) dt.19-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42298 of 2018 ======================================================

1. Bitesh Kumar, Son of Krishna Prasad, Resident of Village- Shreenagar Shahpur, Surya Mandir Road, P.S.- Aurangabad Town, DistrictAurangabad.

2. Banarsi Prasad Gupta, Son of Jawahar Prasad, Resident of MohallaNew Ara, Dehri On Sone, P.S. Dehri On Sone, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2018 Heard both sides.

The petitioners apprehend their arrest in Aurangabad Town P.S. Case No.94 of 2018 registered under Section 307 and other minor Sections of the Indian Penal Code. The informant, Labour Enforcement Officer alleged that while he was on law and order duty near Ramesh Chowk, Awadhesh Prasad came and informed that some persons from the procession of Ramnavmi run amuck and set ablaze his shop. When the informant went there, the informant saw many persons were indulged in rioting and arson.

The learned counsel for the petitioners submits that petitioners are not named in the F.I.R. The name of the petitioners

Patna High Court Cr.Misc. No.42298 of 2018 (2) dt.19-07-2018 figured in the case on the basis of recovery the motorcycles of the petitioners parked near the hospital. The learned counsel for the petitioners submits that the petitioners had gone to see Kavita Devi and they had parked their motorcycles near the hospital. Most of the accused persons have been granted anticipatory or regular bail.

Taking into consideration the facts aforesaid, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No.94 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T