Patna High CourtCR. MISC./31023/2017bail granted

Sanjay Pathak @ Sanjay Kumar Pathak v. The State Of Bihar

2017-07-11Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31023 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Sanjay Pathak @ Sanjay Kumar Pathak, Son of Late Vishwanath Pathak, Resident of Village- Yogini, P.O.- Kowath, P.S.- Dawath, District- Rohtas. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Singh, Advocate For the Opposite Party : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-07-2017 Heard.

2. The petitioner apprehends arrest in connection with Dawath P.S.Case No.41 of 2017 registered for an offence under Sections 147, 148, 149, 323, 352, 109, 353 and 120(B) of the IPC.

3. The informant of this case is police officer. It is alleged that on 05.04.2017 on the eve of Ram Navmi, a religious procession reached near the Bajrangbali temple as per permission granted by administration and while returning, the procession changed its route and turned towards Kurmi Tola, which was against the permission in violation of order of local administration.

4. The learned counsel for the petitioner submits that there is no eye witness of the occurrence and the allegation is

Patna High Court Cr.Misc. No.31023 of 2017 (2) dt.11-07-2017 2/2 general and omnibus. The petitioner has not violated any order. After the end of procession, the petitioner and other co-accused started returning their home as per their convenience through different root and during procession nothing untoward happen.

5. The learned APP opposed the submission.

6. In view of the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Dawath P.S.Case No.41 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SDJM, Bikramganj (Rohtas), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U