Munna Kumar Rastogi @ Munna Prasad Rastogi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40410 of 2019 Arising Out of PS. Case No.-57 Year-2017 Thana- MASHRAK District- Saran ====================================================== Munna Kumar Rastogi @ Munna Prasad Rastogi, aged about 38 years, Male, Son of Dharmdeo Prasad Rastogi, resident of Mashrak, P.S. - Mashrakh, District - Saran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Harish Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Mashrak P.S. Case No. 57 of 2017, registered for the offence under Sections 147, 149, 109, 341, 323, 379, 353, 427, 504 and 506 of the Indian Penal Code. Allegation has been made that in pursuance of the order of this Court passed in C.W.J.C. No.10817 of 2016 the Government Officials had gone to lay the foundation of the building, while the foundation was being created, the a mob came there and destroyed the constructed work. Learned counsel for the petitioner submits that no such order passed in C.W.J.C. No.10817 of 2016, which is

Patna High Court CR. MISC. No.40410 of 2019(2) dt.02-07-2019 2/2 apparently clear from Annexure-3 to this bail petition, inasmuch as, no direct allegation has been made against the present petitioner.

Looking to the aforesaid facts, let the above-named petitioner be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-VIII, Saran, in connection with Mashrak P.S. Case no. 57 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) pawan/- U T