Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36094 of 2015 Arising Out of PS.Case No. -25 Year- 2015 Thana -MOHAMMADPUR District- GOPALGANJ ====================================================== Jitendra Kumar Son of Naresh Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. S.Ehteshamuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/324/307/447/448/435/436/427/353/337/ 504/506 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the petitioner and one Tarkeshwar Prasad were erecting brick-walls obstructing the road which was protested by the villagers and, thereafter, firing was resorted by the petitioner and other accused persons for which Mohammadpur P.S. Case No.24 of 2015 was registered against the petitioner and others. Subsequently, for the same incidence, Tarkeshwar Prasad also got registered Mohammadpur P.S. Case No.27 of 2015 wherein the petitioner of the present case was not named. It is further alleged that

Patna High Court Cr.Misc. No.36094 of 2015 (2) dt.09-09-2015 2/2 petitioner and eight others named in the FIR along with 200 unknown persons attacked and pelted stones on the police personnel.

It is submitted by learned counsel for the petitioner that simple injury has been received by the police personnel. The accusation is against the mob and petitioner has no connection with the alleged land in question over which the boundary wall was constructed. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts may constitute ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Mohammadpur P.S. Case No.25 of 2015, pending before the learned Chief Judicial Magistrate, Gopalganj.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T .