Awadh Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44740 of 2019 Arising Out of PS. Case No.-138 Year-2014 Thana- MADANPUR District- Aurangabad ====================================================== 1.

Awadh Mehta Son of Basudeo Mehta Resident of village- Bangare, P.S.- Madanpur, District- Aurangabad.

2.

Dharmendra Paswan Son of Amresh Paswan Resident of village- Madanpur, P.S.- Madanpur, District- Aurangabad.

3.

Ritesh Kumar Son of Rajendra Sao Resident of village- Anjanwa, P.S.- Madanpur, District- Aurangabad.

4.

Jogendra Choudhary @ Yogendra Choudhary Son of Baban Choudhary Resident of village- Majhaulia, P.S.- Amas, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-07-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Madanpur P.S. Case No.138 of 2014, registered for the offence punishable under Sections 147, 148, 149, 353, 435, 427 of the Indian Penal Code, Section 27 of the Arms Act and Section 3/4 of Explosive Substances Act as well as Section 17 of CLA Act.

Allegation has been made that due to quarrel between the police force and local people, a mob of about 500

Patna High Court CR. MISC. No.44740 of 2019(2) dt.22-07-2019 2/3 people attacked on block office and destroyed the furniture etc. and also exploded bomb and resorted firing, thereafter, they fled away.

Learned counsel for the petitioners submits that the petitioners are not named in the FIR and there is no specific allegation of overt act against the petitioners. The name of the petitioners has come during investigation. He has further submitted that for the same occurrence, another case vide Madanpur P.S. Case No.138 of 2014 has also been lodged against the petitioners.

Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory 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 bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No.138 of 2014 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the

Patna High Court CR. MISC. No.44740 of 2019(2) dt.22-07-2019 3/3 investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. Further condition is that the petitioners will appear before the nearest police station on each month till six months.

(Shivaji Pandey, J) V.K.Pandey/- U T