Shashi Bhushan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33321 of 2020 Arising Out of PS. Case No.-84 Year-2018 Thana- TILAUTHU District- Rohtas ====================================================== 1.

Shashi Bhushan Prasad, Son of Late Jadu Sah, Resident of VillageChandanpura, Police Station- Tilothu, District- Rohtas. 2.

Chintu Sah, Son of Late Ashok Sah, Resident of Village- Chandanpura, Police Station- Tilothu, District- Rohtas.

3.

Mantu Sah, Son of Late Ashok Sah, Resident of Village- Chandanpura, Police Station- Tilothu, District- Rohtas.

4.

Dharmendra Kumar Singh @ Dharmendra Mahto, Son of Ramjee Mahto, Resident of Village- Chandanpura, Police Station- Tilothu, District- Rohtas. 5.

Maksudan Sah @ Madhusudan Prasad, Son of Kanhai Sah, Resident of Village- Chandanpura, Police Station- Tilothu, District- Rohtas. 6.

Munna Sah @ Manoj Kumar Sah, Son of Late Dwarika Sah @ Late Jagdish Sah, Resident of Village- Chandanpura, Police Station- Tilothu, DistrictRohtas. 7.

Chitranjan Prasad @ Chitranjan Paswan @ Chitranjan Kumar, Son of Krishna Paswan, Resident of Village- Chandanpura, Police Station- Tilothu, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Satyendra Pandey, Advocate.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Learned counsel for the petitioner seeks permission to withdraw this application as petitioner no.2, namely, Chintu

Patna High Court CR. MISC. No.33321 of 2020(2) dt.09-03-2021 2/3 Sah, has been arrested by the police.

Permission is accorded.

Accordingly, this application is dismissed as withdrawn with respect to petitioner no.2.

Heard learned counsel for the petitioner nos. 1, 3, 4, 5, 6 and 7 and the learned A.P.P. for the State. The petitioner nos. 1, 3, 4, 5, 6 and 7 apprehend their arrest in connection with Tilothu P.S. Case No. 84 of 2018, registered under Sections 146, 147, 152, 186, 189, 353, 323, 341, 504, 506, 332, 435, 427 and 120B of the Indian Penal Code.

The accusation is that in the morning of 04.11.2018, on receiving information about blocking of the Nation Highway in the protest of arrest of accused of Tillathu P.S. Case No. 83 of 2018, informant along with other police personnel reached there then saw that mob of 100 to 150, by burning of tyres, blocked the road. The informant and other police personnel made attempt to vacate the road but they did not take any heed and started to scuffle with the police party. Out of mop, 33 persons including the petitioners were identified by local Choukidar. Learned counsel for the petitioners submits that while the petitioners are named in the FIR but no specific overt

Patna High Court CR. MISC. No.33321 of 2020(2) dt.09-03-2021 3/3 act has been attributed against them.

Having regard to the facts and circumstances of the case, let the above named petitioner nos. 1, 3, 4, 5, 6 and 7 be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dehri-inSone, Rohtas in connection with Tilothu P.S. Case No. 84 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T