Navin Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3263 of 2016 Arising Out of PS.Case No. -153 Year- 2015 Thana -SIMRI District- DARBHANGA ======================================================

1. Navin Raut son of Late Rajgir Raut, resident of village- Simri, P.S.- Simri and District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-01-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 332, 333, 353, 337, 338, 153(A), 435, 436, 307, 295(A), 342 of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act.

The prosecution case is that on the eve of Chhat festival someone broke the Kalash when 500 people obstructed the N.H. 57. In the meantime the mob lit fire to the government vehicles parked in Simri Police Station. It is alleged that petitioner being husband of the Panchayat Mukhiya and two other persons were leading the mob.

It is submitted by learned counsel for the petitioner that petitioner is not the husband of the Panchayat Mukhiya but the brother of husband of Panchayat Mukhiya and under some misconception the petitioner has been roped

Patna High Court Cr.Misc. No.3263 of 2016 (2) dt.20-01-2016 2/2 in the present case. The accusation is against the mob and when the police failed to take action against the persons who broke the Kalash on the eve of Chhat festival, the protest were made. Hence, in order to save their skin, the present case has been lodged by the police.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhanga in connection with Simri P.S. Case No. 153 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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