Chhotu Jaiswal @ Dharmendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55697 of 2023 Arising Out of PS. Case No.-179 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== CHHOTU JAISWAL @ DHARMENDRA BHAGAT SON OF MITHU JAISWAL @ RAMESHWAR BHAGAT RESIDENT OF VILLAGE- WARD NO. 08, SBI ROAD, MANGAL BAZAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 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, 323, 337, 338, 307, 332, 333, 353, 427, 435, 504, 283, 188 of the Indian Penal Code and Sections 3/4 of the Prevention of Damage of Public Property Act.

3. It is alleged that 76 named and 300-400 unknown miscreants pelted stones on the police party and destroyed the public property.

4. It is submitted on behalf of the petitioner that petitioner is not named in the F.I.R. and his name transpired during course of investigation. Allegation against the petitioner is general and omnibus. It is further submitted that for the same

Patna High Court CR. MISC. No.55697 of 2023(2) dt.29-08-2023 2/2 occurrence, another F.I.R. bearing Nabinagar P. S. Case No. 180 of 2021 dated 05.08.2021 has been filed and petitioner has not been implicated in that case also. Petitioner has got clean antecedent.

5. Considering the aforesaid 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 Additional Chief Judicial Magistrate I, Aurangabad in connection with Nabinagar P. S. Case No. 179 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T