Mukesh Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49851 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== MUKESH KUMAR PANDEY SON OF LATE DUDHESHWAR PANDEY RESIDENT OF MOHALLA MAHAJAN TOLI, P.S. - SASARAM NAGAR, DISTRICT - ROHTAS ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivam, Advocate For the Opposite Party/s :
Md. Mushtaque Alam, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 149, 188, 153(A), 341, 342, 323, 337, 338, 353, 307, 427, 435, 436, 504, 505 and 506 of the Indian Penal Code and Section 27 of the Arms Act. Section 302 of the Indian Penal Code was added later on.
3. As per prosecution case, during Ram Navami festival, altercation took place between the two communities and accused persons and 200-250 unknown persons are alleged to have assaulted many people as a result of which one person died.
4. It is submitted that allegation against the petitioner
Patna High Court CR. MISC. No.49851 of 2023(2) dt.23-08-2023 2/2 is general and omnibus. No specific overt act has been alleged against the petitioner and he was only attending the festival. Petitioner has got clean antecedent.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram Twon P. S. Case No. 275 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T