Amarjeet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70747 of 2018 Arising Out of PS. Case No.-203 Year-2018 Thana- GAIGHAT District- Muzaffarpur ====================================================== Amarjeet, Son of Shankar Ram, Resident of Village- Majithi urf Bashantpur Majithi, P.S.- Gayghat, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kunwar Ajit Singh For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 323, 324, 332, 333, 341, 379, 427 and 506 of the Indian Penal Code and Section 3 of the Prevention of Damage to the Public Property Act, 1984.

The prosecution case got initiated on the basis of written report submitted by Mahesh Mishra to the Station House Officer, Gaighat Police Station and is to the effect that on 22.06.2018 at 7.30 P.M., one passenger bus was going from Muzaffarpur to Darbhanga. The bus hit an auto rickshaw which was moving ahead of the bus. As a result, the auto rickshaw fell

Patna High Court Cr.Misc. No.70747 of 2018(2) dt.17-12-2018 2/3 down and the passengers received injuries. One of the passengers died on the spot and other injured passengers were taken to a private hospital. Thereafter, the mob of 100-200 people, variously armed, jammed the traffic at NH-57 and vandalized several vehicles and damaged the Toll Plaza in protest of the said incident.

It is submitted by learned counsel for the petitioner that though the petitioner is named in the FIR, but the specific accusation is against the mob. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioner is named in the FIR.

Considering the accusation against the mob, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned ACJM- 15th, Muzaffarpur in connection with Gayghat P.S. Case No. 203 of 2018, subject

Patna High Court Cr.Misc. No.70747 of 2018(2) dt.17-12-2018 3/3 to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T