Patna High CourtCR. MISC./74424/2018allowed

Penter Gupta @ Penter Kumar v. The State Of Bihar

2018-12-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74424 of 2018 Arising Out of PS. Case No.-363 Year-2017 Thana- RAMNAGAR District- West Champaran ====================================================== Penter Gupta @ Penter Kumar, Son of Mathura Sah, Resident of VillageNarainpur Ramnagar P.S. Ramnagar Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Ramnagar P.S. Case No. 363 of 2017 for the offence under Sections 147, 148, 149, 323, 337, 427, 379, 153(A), 295(A) and 296 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He submits that the instant case has been registered on account of dispute over immersion of idols. Referring to the prosecution case, he submits that 15 persons have been named in the instant case and in addition thereto approximately one thousand persons have been involved in causing disturbance of public law and order and causing communal tension.

Considering the fact that the petitioner has got no

Patna High Court Cr.Misc. No.74424 of 2018(2) dt.18-12-2018 2/2 criminal antecedent and he was only the member of the mob, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bagaha, West Champaran in connection with Ram Nagar P.S. Case No. 363 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Upadhyay, J) uday/- U T