Satish Kumar @ Satish Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35842 of 2020 Arising Out of PS. Case No.-574 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.

Satish Kumar @ Satish Das (Male), aged about 40 years, S/o Rajendra Kumar Das, Resident of Village Cherki, Police Station Cherki, District Gaya.

2.

Omair Khan @ Tikka Khan (Male), aged about 50 years, S/o Kahyar Hussain Khan, Resident of Mohalla-Aliganj, Police Station-Civil Line and District-Gaya.

3.

Wasim Naiyar (Male), aged about 33 years, S/o Nasimuddin, Resident of Mohalla-New Karimganj, Police Station-Civil Line and District-Gaya. 4.

Shamshir Khan (Male), aged about 31 years, S/o Alamgir Khan, Resident of Mohalla-Aliganj, Police Station-Civil Line and District-Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-03-2021 Heard both sides.

The petitioners apprehend their arrest in Kotwali P.S. Case No.574 of 2019, registered under Sections 147, 148, 149, 341, 323, 332, 427, 435, 436, 353, 290, 283, 188, 379 and 120(B) of the Indian Penal Code and under Sections 3⁄4 of Prevention of Damage to Public Property Act.

The informant alleged that the petitioners and others were participating in a procession and they had assembled in Gandhi Maidan, Gaya. The processionists are alleged to have damaged the public property, shops and vehicles.

Patna High Court CR. MISC. No.35842 of 2020(2) dt.23-03-2021 2/2 Learned counsel for the petitioners submits that the procession passed through the area of three police stations and there are three cases lodged in all the three police stations for the same procession. Nobody has come to say that the petitioners did any overt act or damaged any property. Taking into consideration the facts and nature of allegations made against the petitioners, petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged 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 learned CJM, Gaya in connection with Kotwali P.S. Case No.574 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T