Jai Gobind Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61957 of 2018 Arising Out of PS. Case No.-6 Year-2017 Thana- HABIBPUR District- Bhagalpur ====================================================== Jai Gobind Verma, Son of Shri Abhay Shankar Verma, Resident of VillageShivaji Nagar, Koyri Tola, P.S.- Habibpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Vivek For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 353, 332, 333, 427, 283, 295 and 120B of the IPC, 27 of the Arms Act and Section 3 of Prevention of Damage to Public Property Act, 1984.

The prosecution case, as per the self statement of Indrajit Baitha, Inspector-cum-S.H.O., Habibpur Police Station, recorded on 26.01.2017 at 05.20 P.M., is to the effect that on the same day at 11.45 A.M., some of the villagers came and tried to

Patna High Court Cr.Misc. No.61957 of 2018(2) dt.11-12-2018 2/3 make construction in front of the mosque. In the meantime, the informant reached at the spot and saw one idol of Bajrangbali on the ridge of the pond near the place. Thereafter, the informant tried to pacify the matter but the mob went aggressive, pelted stones and resorted to fire. It is further alleged that the mob also damaged the government vehicles and tried to snatch weapons from custody of the Police Constables.

It is submitted by the learned counsel for the petitioner that there is no specific accusation against the petitioner and FIR has been lodged against 3,000 unknown accused persons. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by the learned APP for the State that there is specific accusation against the petitioner.

Considering the fact the accusation is against the mob coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Habibpur P.S. Case

Patna High Court Cr.Misc. No.61957 of 2018(2) dt.11-12-2018 3/3 No. 06 of 2017 in connection with C.J.M., Bhagalpur, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T