Nawlesh Jha @ Nawlesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24207 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- ROSERA District- Samastipur ====================================================== 1.

Nawlesh Jha @ Nawlesh Kumar Jha, aged about 30 years, Male. 2.

Rajesh Kumar Jha, aged about 25 years, Male.

Both sons of Late Yogendra Jha, Resident of Village - Bhutha, P.S.- Rosera, Distt - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Rosera P.S. Case No. 23 of 2019 registered for offences under sections 147, 148, 149, 201, 283, 353, 427, 435 and 504 of the Indian Penal Code. As per allegation, a cow in a miserable condition was being taken on the cart by some persons, on receipt of this information, the police party rushed there and take control of the cow and the cart but, the petitioners took control of the cart as well as the cow, blocked the road and started raising slogan and instigating the people.

Though the petitioners have criminal antecedent but, learned counsel for the petitioners submits that in the

Patna High Court CR. MISC. No.24207 of 2019(2) dt.16-04-2019 2/2 present case, no overt act has been done save and except blocking the road and taking control of the cow and the cart and the cart was put under fire. Learned counsel for the petitioners also submits that there is no specific allegation against the present petitioners.

Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Rosera, Samastipur in connection with Rosera P.S. Case No. 23 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T