Rupesh Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30146 of 2015 Arising Out of PS.Case No. -26 Year- 2015 Thana -JAMOBAZAR District- SIWAN ====================================================== Rupesh Shukla, S/o. Dhaneshwar Shukla, R/o. Village- Jambo Jalalpur, P.S. Jamo Bazar, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar, Advocate. For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2015 A supplementary affidavit has been filed on behalf of the petitioner seeking necessary correction in paragraph 3 of the main petition.

The petitioner is apprehending his arrest in connection with Jamo Bazar Police Station Case No. 26 of 2015 for the offences instituted under Sections 341/323/353 of the I.P.C. Heard learned counsel for the petitioner and learned counsel for the State.

Prosecution case, in short, is that the petitioner has used criminal force against the police personnel while they were discharging their duties and also of making protest at the time of making arrest by police personnel.

It has been submitted on behalf of the petitioner that in course of occurrence two persons, namely, Dhananjay Mishra and Pramod Dubey, are said to have been apprehended at the spot. Later

Patna High Court Cr.Misc. No.30146 of 2015 (2) dt.31-07-2015 2/2 on, the name of the petitioner was included in the present case due to mistake of fact. Petitioner had no concern with the alleged occurrence. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Jamo Bazar P.S. Case No. 26 of 2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Mkr./- U T