Kaushik Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28852 of 2015 Arising Out of PS.Case No. -622 Year- 2011 Thana -SAHARSA District- SAHARSA ====================================================== Kaushik Kumar Jha son of Shelesh Jha @ Sheines Jha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Ganesh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under section 147, 148, 149, 323, 325, 307, 337, 338, 353, 427, 435 and 436 of the I.P.C and section 27 of the Arms Act and section 3⁄4 of the Property Defacement Act.

The prosecution story, in brief, is that due to accidental death of a cycle rider the local people along with antisocial elements assembled and they have taken the law in their hands and damaged the government property and also attacked on the police personnel and obstructed them to perform official duty. It is submitted on behalf of the petitioner that the petitioner has been made accused due to mistake of fact. If the

Patna High Court Cr.Misc. No.28852 of 2015 (2) dt.24-07-2015 2/2 prosecution case is accepted to be true still no specific allegation has been made against the petitioner. The petitioner has got no criminal antecedent.

On behalf of the State it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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. C.J.M. Saharsa in Saharsa Sadar P.S. Case No. 622 of 2011, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Sudhir Singh, J) Abhay/- U T