Paras Nath Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54498 of 2017 Arising Out of PS.Case No. -259 Year- 2016 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Paras Nath Chaubey, Son of Late Kailash Chaubey, Resident of villageSonhas, P.S.:- Sheosagar, District- Rohtas. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kamla Kant Pandey For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sheosagar P.S. Case no. 259 of 2016, registered under Sections 147, 148, 149, 153(A), 295(A), 505(C), 427 and 353 of the Indian Penal Code.

The accusation is that 22 persons named in the F.I.R. including the petitioner and hundred unknown were taking out procession of idol Durga through a lane, where administration had restricted for procession due to that reasons communal tension spread at that time, they also tried to altercation with the local administration. Learned counsel for the petitioner submits that while petitioner is named in the F.I.R., but no specific overt act has been attributed against the petitioner. Further submission is that similarly

Patna High Court Cr.Misc. No.54498 of 2017 (2) dt.15-11-2017 2/2 situated co-accused Dwarika Pal has already been granted privilege of pre-arrest by a co-ordinate Bench of this Court on 13.06.2017 vide Criminal Miscellaneous No. 23305 of 2017. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sheosagar P.S. Case No. 259 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T