Lankesh Jaiswal @ Aniket Kumar Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35694 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- BARHARA KOTHI District- Purnia ====================================================== Lankesh Jaiswal @ Aniket Kumar Jaiswal, S/o Rajendra Jaiswal R/o villageCopipur Parsa, P.S.- B. Kothi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Pandey For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barhara P.S. Case No. 164 of 2018, registered under Sections 143, 152, 186, 341, 323, 354 and 427 of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act. The accusation is that regarding the occurrence dated 08.07.2018 of Gopinagar Parsa, mob of more than 100 people managed to close the Kabutra Chouck Market forcibly. On receiving the aforesaid information, the informant being the Block Development Officer, Barhara Kothi along with Circle Officer reached there, where police force also present and the mob was indulged in hot talk with the police force. Thereafter, he tried to pacify the matter but the mob started to proceed towards him and

Patna High Court CR. MISC. No.35694 of 2019(3) dt.17-07-2019 2/2 Government vehicles were also damaged by them. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. but later on, on disclosure of Choukidar, name of the petitioner and others have surfaced in the present case. Further submission is that regarding the same occurrence, on the statement of Officer-in-charge, Barhara, Barhara P.S. Case No. (B.Kothi P.S. Case) No. 163 of 2018 was instituted, disclosing the name of 23 persons including the petitioner due to that reason, the name of petitioner has also surfaced in the present case.

Having regard to 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 six 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 Chief Judicial Magistrate, Purnea, in connection with Barhara P.S. Case No. 164 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.