Bhushan Sah @ Indrabhushan Kumar @ Bhushan Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11716 of 2016 Arising Out of PS.Case No. -384 Year- 2015 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Bhushan Sah @ Indrabhushan Kumar @ Bhushan Gupta son of Yogendra Sah, resident of village- Machhargawan, P.s.- Yogapatti, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-03-2016 Heard the parties.

The petitioner apprehends his arrest in a criminal prosecution registered under Sections 153A, 307, 436, 295A and some other allied offences under the Indian Penal Code. Taking into consideration the fact that the petitioner is specifically named in the first information report vide Annexure-1 as an accused and further taking into consideration the fact he is alleged to have played active role in commission of crime as a result of which there was communal riots between two communities and also taking into consideration the fact that he is an accused in one more case, besides the present one, this Court is not inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. Accordingly, his prayer for anticipatory bail in connection with Yogapatti P.S.Case 384 of 2015 pending in the court of Sri B.K.Rai, the learned Additional Chief Judicial Magistrate II, Bettiah, West Champaran is rejected. However, if the petitioner surrenders in the court below within a period of four weeks from today and applies for

Patna High Court Cr.Misc. No.11716 of 2016 (2) dt.16-03-2016 2/2 regular bail, then the same shall be considered and decided on its own merits without being prejudiced by the present order. (Birendra Prasad Verma, J) Tahir/- U T