Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14295 of 2017 Arising Out of PS.Case No. -285 Year- 2014 Thana -DUMRA District- SITAMARHI ====================================================== Raushan Kumar, Son of Vijay Kumar Mishra, Resident of Mohalla - Kailashpur, P.S. Dumra, District - Sitamarhi .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Subodh Kumar, Advocate For the Opposite Party : Mr. Ajit Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with Dumra P.S. Case No. 285 of 2014, registered for the offences punishable under Sections 147, 148, 149, 323, 325, 307, 447, 448, 452, 353, 186, 427, 435, 436, 109, 224, 225, 440, 120(B) of the Indian Penal Code and Section 52 of Prisoners Act. Allegedly, Santhosh Jha and Madhav Choudhary, two prisoners were being transferred to different jail and their supporters created nuisance in jail and started throwing bricks and stones upon the informant and other officers and injured them, broke the gate of campus, set the hospital and stores room of the jail on fire and the petitioner is named in the First Information
Patna High Court Cr.Misc. No.14295 of 2017 (2) dt.05-05-2017 2/2 Report.
Submission is of false implication and that there is no specific allegation against the petitioner, the allegation is general and omnibus in nature. The petitioner has not committed any overt act, other co-accused with similar allegation have been granted anticipatory bailvide Cr. Misc. No. 11006 of 2015 dated 21.05.2015, Cr. Misc. No. 27499 of 2015 dated 21.07.2015 and Cr. Misc. No. 1426 of 2017 vide order dated 16.01.2017 and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. submits that other co-accused similarly situated have been allowed pre-arrest bail. In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned Chief Judicial Magistrate, Sitamarhi, in connection with Dumra P.S. Case No. 285 of 2014, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.)