Rajesh Kumar @ Rajesh Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33069 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Rajesh Kumar @ Rajesh Sahu, Son Of Late Shivji Choudhary @ Shivji Sahu, Village- Muria, P.S.- Sadar (OP Bhalpatti), District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand, Advocate Mr. Ankit Raj, Advocate For the Opposite Party/s :
Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 86 of 2024 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 332, 333, 353, 427, 504, 506, 153(A), 295(A) and 120(B) of the Indian Penal Code.
3. As per the prosecution case, when the procession of Saraswati Puja reached near "Hatgachhi" then some people of Muslim community tried to stop the procession due to which dispute arose between both the communities and people of Muslim community started pelting stones upon the procession in which some persons including 2-3 police personnel have been
Patna High Court CR. MISC. No.33069 of 2024(2) dt.23-05-2024 2/3 injured.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner was the member of Saraswati Puja Samiti and was on the way of idol immersion under the police protection and we was not involved in any offence as alleged. The allegation against the petitioner is general and omnibus. The FIR has been lodged against 68 named and 150 unknown persons. Petitioner has no criminal antecedent. Petitioner undertakes to cooperate in the investigation and trial of this case.
5. Learned APP opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Sadar P.S. Case No. 86 of 2024, subject to the conditions as laid
Patna High Court CR. MISC. No.33069 of 2024(2) dt.23-05-2024 3/3 down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T