Pankaj Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.29108 of 2016 (3) dt.01-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29108 of 2016 Arising Out of PS.Case No. -518 Year- 2015 Thana -MARHAURA District- SARAN ====================================================== Pankaj Prasad son of Madan Prasad resident of Vill- Mirzapur, P.S.- Marhaura, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Ahtash Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 20.05.2016 in connection with Marhuara P.S. Case No. 518 of 2015 registered for offences under Sections 147,149,341,323,332,333,353,307 and 346 of the Indian Penal Code and 3⁄4 of the Prevention of Damage to Public Property Act.

The prosecution story, in brief, is that on information that in village Mirzapur someone has been killed by some criminals with fir arms, the police personnel reached the place of occurrence, heard slogans against administration by the people assembled there. The Police stopped the jeep there, few people from the mob attacked on the police party and started fighting with them and

Patna High Court Cr.Misc. No.29108 of 2016 (3) dt.01-09-2016 snatched the rifle of SAP police namely, Harendra Pathak by assaulting him with lathi. Anyhow the police recovered the said rifle. The number of people in the mob was 1000 out of which 20 persons named in the FIR including the petitioner. On behalf of the petitioner, it is submitted that the petitioner is in custody since 20.05.2016. Charge-sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. General and omnibus allegation has been made against him. No specific overt act has been alleged against this petitioner.

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, let the petitioner above named, 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 learned Additional Chief Judicial Magistrate 2nd, Saran at Chapra in connection with Marhuara P.S. Case No. 518 of 2015.

(Sudhir Singh, J) Prakash/- U T