Devender Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21250 of 2022 Arising Out of PS. Case No.-681 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

DEVENDER PRASAD S/o Late Awika Prasad Resident of Sangatpar Phulwarisharif, P.S.- Phulwarisharif, District- Patna 2.

JEET MOHAN PANDIT S/O LATE JANAK PANDIT Resident of Sangatpar Phulwarisharif, P.S.- Phulwarisharif, District- Patna 3.

GANESH CHOUDHARY S/O RADHE SHYAM CHOUDHARY Resident of Sangatpar Phulwarisharif, P.S.- Phulwarisharif, District- Patna 4.

MAHENDRA PASWAN S/O LATE AWIKA PRASAD Resident of Sangatpar Phulwarisharif, P.S.- Phulwarisharif, District- Patna 5.

MUNGI PRASAD S/O LATE AWIKA PRASAD Resident of Sangatpar Phulwarisharif, P.S.- Phulwarisharif, District- Patna 6.

JITENDRA KUMAR @ CHHOTU S/O TARKESHWAR NATH Resident of Sangatpar Phulwarisharif, P.S.- Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Kumar Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 188, 353 and 34 of the Indian Penal Code and Section 3⁄4 of Epidemic Act and 3⁄4 of Loud Speaker Act.

The informant alleges that despite endeavours made by the administration to ensure that Corona guidelines are followed by the devotees, still the guidelines were breached and procession of Khappar Pooja was taken up at the instance of Samiti members.

Patna High Court CR. MISC. No. 21250 of 2022(2) dt.02-11-2022 2/2 Learned counsel for the petitioners submits that petitioners are person with clean antecedent and have been falsely implicated in the present case, it is next submitted that the allegations are general and omnibus in nature. Learned counsel next submits that the procession was taken on account of religious sentiments attached with Khappar Pooja.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Phulwarisharif P.S. Case No. 681 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) GauravSinha/- U T