Rambabu Prasad @ Rambabu Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52380 of 2018 Arising Out of PS.Case No. -364 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rambabu Prasad @ Rambabu Gupta S/o Late Shambhu Sah, R/o MohallaNarainapur, P.S.- Ramnagar, Distt.- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 353, 337, 427, 153(A), 295, 295(A), 296, 188, 379 and 120(B) of the Indian Penal Code. The prosecution case, in brief, in course of immersion of idol of Goddess Durga, some altercation took place between two communities and 20 named and 500 unknown persons were involved in creating law and order problem.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in this case due to mistake of fact. 20 persons including the petitioner are said to

Patna High Court Cr.Misc. No.52380 of 2018 (2) dt.10-09-2018 have been named in the FIR whereas 500 persons were unknown. The alleged incident is said to have taken place on the eve of Durga Puja. Three F.I.Rs. were instituted in respect of said offence. No specific overt act has been attributed against the petitioner. General and omnibus allegation has been made against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 364 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T