Shatrudhan Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63291 of 2018 Arising Out of PS. Case No.-94 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Shatrudhan Kumar Bharti S/o Late Kanhai Mahto, presently resident of Fish Market, Hariharganj, P.S. Hariharganj, District- Palamu (Jharkhand). Permanent Resident of Village- Baliya, P.S. Amba, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh For the Opposite Party/s :

Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Aurangabad (Town) P.S. Case no. 94 of 2018 registered under Sections 307, 147, 148, 149, 504, 436, 427, 160, 295(A), 353 of the Indian Penal Code.

28 named accused persons along with 100 miscreants are said to have torched and damaged some road side shop during taking out of procession of Ramnavmi and created chaotic situation and eight of them were apprehended and nine motorcycles parked at the place of occurrence were seized out of which one motorcycle is hailing to the petitioner. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.63291 of 2018(2) dt.19-12-2018 2/2 that the petitioner is quite innocent and has committed no offence. Petitioner is not named in the FIR. As a matter of fact, the petitioner was purchasing some articles parking his motorcycle at the place of occurrence, in the meantime, there was stampede, resultantly he fled away leaving his motorcycle on the aforesaid place, which was later on seized by the police and on the basis of the seizure of the aforesaid motorcycle, police has falsely implicated the petitioner in this case. On the other hand, learned APP opposed the bail prayer of the petitioner.

In 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 learned C.J.M., Aurangabad in connection with Aurangabad (Town) P.S. Case no. 94 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T