Rajesh Prasad @ Rajesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20234 of 2019 Arising Out of PS. Case No.-843 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Rajesh Prasad @ Rajesh Sah S/o Jawahar Sah R/o Chailaha Padariya, P.S.- Banjariya, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhannjay Kumar No 2 For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 341, 353, 323, 186, 383 of the Indian Penal Code and 3⁄4 of Damage of Public Property Act, 1984.
Allegation is that the accused persons including the petitioner instigated the local public and started burning tyre and bamboo pieces and blocked the public road and disturbing the police to perform their duties.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.20234 of 2019(2) dt.02-04-2019 2/2 petitioner. The petitioner has been made accused due to mistake of fact. General and omnibus allegation has been made. No specific overt act has been alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Turkauliya (Banjariya) P.S. case No.843 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T