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Patna High CourtCR. MISC./18679/2019dismissed

Rakesh Bhagat @ Rakesh Kumar Bhagat v. The State Of Bihar

2019-06-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18679 of 2019 Arising Out of PS. Case No.-558 Year-2018 Thana- ARARIA District- Araria ====================================================== RAKESH BHAGAT @ RAKESH KUMAR BHAGAT, S/O Sambhu Bhagat, Resident of Village Madanpur, P.S.- Madanpur O.P. District- Araria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anil Pd. Singh with Mr.Abhijeet Gautam For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Araria (Madanpur) P.S. Case No. 558 of 2018 registered for the offences punishable under Sections 147, 148, 149, 447, 448, 341, 323, 307, 334, 436, 427 and 353 of the Indian Penal Code.

Allegation as per FIR is that several persons, including the petitioner had made an unlawful assembly, damaged the property and set the houses on fire and also assaulted the police personnel. There is specific allegation against the petitioner that he was leading the mob. Submission of learned counsel for the petitioner is that as some beef was found near the temple such occurrence took place and petitioner has falsely been implicated in this case.

Patna High Court CR. MISC. No.18679 of 2019(4) dt.18-06-2019 2/2 Heard learned APP also.

In view of specific allegation against the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and makes prayer for regular bail, the same shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T