Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54361 of 2023 Arising Out of PS. Case No.-520 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== PAPPU KUMAR Son of Late Baldev Paswan Resident of village - Bara Bariyarpur, P.S. - Chhatauni, Distt. - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 147, 149, 341 , 323 , 307, 353 , 332, 333 and 427 of the Indian Penal Code.
3. As per the prosecution case, this petitioner along with other co-accused persons who were the office bearers of a puja committee, had taken a procession for immersion of deity during Durga Puja, the persons in the procession were singing and dancing and when the procession reached near the water tower, the members of the procession started hooliganism and
Patna High Court CR. MISC. No.54361 of 2023(2) dt.21-08-2023 2/3 also disturbed the traffic passing through procession, upon which the police requested the petitioners to pacify the members of the procession, but the did not pay any heed to the request of the police, and the hooligans started pelting stones upon the police party .
4. It is submitted that this petitioner is made accused in this case merely because he is the office bearers of the puja committee and they could not pacify the members of the procession during the course of immersion of deity. From bare perusal of F.I.R. it is apparent that the allegation of pelting stones is against procession , altogether 18 named and 50-60 unknown persons. Similarly situated co-accused persons have already granted bail by this Court vide order dated 28.07.2023 in Cr. Misc. No. 38908 of 2023. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the
Patna High Court CR. MISC. No.54361 of 2023(2) dt.21-08-2023 3/3 learned Court if C . J . M., Motihari, East Champaran in connection with Chhatauni P.S. case no 520 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Kaushik/- U T