Suman Shekhar Parth v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63828 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- ROSERA District- Samastipur ====================================================== Suman Shekhar Parth, S/o Arun Singh, Resident of Village- Muradpur, P.S.- Rosera, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmindra Kumar Yadav For the Opposite Party/s :
Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2018 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, 341, 323, 337, 338, 307, 332, 353, 153, 153(A), 153(B), 295, 298, 379, 427, 504, 120(B) of the Indian Penal Code.
The prosecution case, in short, is that on 27.03.2018 the informant, Circle Officer, Rosera received information that 200-150 people assembled near a Masjid situated at Gudri Bazar, Rosera and attempted to disturb the law and order. The informant along with S.D.O., Rosera and other police personnel reached at the place of occurrence and took efforts to control the situation. The mob were raising objectionable slogans and they claimed to be members of Bajrang Dal and others. When the
Patna High Court Cr.Misc. No.63828 of 2018(2) dt.14-12-2018 2/3 police tried to use force, then the mob protested and blocked the road. The mob also blocked the movement of the train and they burnt two motorcycles. On the basis of video footage, 54 persons were named in the F.I.R.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Altogether 54 persons are named in the F.I.R. General and omnibus allegation has been made. No specific overt act has been alleged against the petitioner. Other coaccused have been granted anticipatory bail vide Cr.Misc.No.57915 of 2018 and Cr.Misc.No.57452 of 2018. On behalf of the State, it is submitted that the petitioner is named in the 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 A.C.J.M., Rosera, District Samastipur in connection with Rosera P.S. case No.99
Patna High Court Cr.Misc. No.63828 of 2018(2) dt.14-12-2018 3/3 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T