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Patna High CourtCR. MISC./74166/2018allowed

Prem Chandra Ray@ Premchand Rai v. The State Of Bihar

2018-12-20Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74166 of 2018 Arising Out of PS. Case No.-248 Year-2016 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Prem Chandra Ray @ Premchand Rai, Son of Satay Narayan Ray @ Satya Narayan Rai, resident of Village- Sughrain Tole- Laxmaniya, Police StationKusheshwarasthan, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Kusheshwar Asthan P.S. Case No. 248 of 2016 for the offence under Sections 147, 148, 149, 323, 341, 307 and 379 of the Indian Penal Code.

Learned counsel for the petitioner would submit that petitioner has no criminal antecedent. Altogether 21 persons have been made accused in the instant case. So far as this petitioner is concerned, there is no allegation of any overt act except he was member of the mob in which 21 persons involved in the scuffle.

Considering the aforesaid, let the petitioner above

Patna High Court Cr.Misc. No.74166 of 2018(2) dt.20-12-2018 2/2 named, in the event of arrest or surrender within one month from today, be released 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 Court of Sri Kumar Sudhanshu, Judicial Magistrate, 1st Class, Biraul, District- Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 248 of 2016, subject to the conditions as laid down under Section 438 Cr.P.C. As also conditions that one of the bailor should be family member of the petitioner.

(Anil Kumar Upadhyay, J) T.Kr./- U T