Dharmendra Chaurasia @ Dharmendra Kumar Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64115 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- TELHARA District- Nalanda ====================================================== Dharmendra Chaurasia @ Dharmendra Kumar Chaurasia, Son of Sunil Chaurasia Resident of Village - and P.S.- Telhara, Distt - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Telhara P.S. Case No. 73 of 2019, registered under Sections 147, 148, 149, 353, 323, 307, 337, 504 and 332 of the Indian Penal Code.

The accusation is that on receiving information about dashing of a person through tractor at Durga Asthan, Telhara Bazar, the informant along with other police personnel reached there then came to know that injured Chotu Kumar was rushed at the hospital for treatment whereas tractor owner Ashok Kumar was caught hold and was being assaulted by the mob. While the informant along with police personnel tried to

Patna High Court CR. MISC. No.64115 of 2019(2) dt.21-10-2019 2/2 convenience the mob but members of mob started stone pelting to cause assault to the police personnel. At that time, 23 persons named in the F.I.R. including the petitioner were identified out of mob indulged in pelting stones.

Learned counsel for the petitioner submits that while petitioner is named in the F.I.R. but no specific overt act has been attributed against him. Further submission is that similarly situated co-accused, Sunil Kumar, has already been granted privilege of bail by this Court vide order dated 30.07.2019 passed in Criminal Misc. No. 47216 of 2019. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned ACJM, Hilsa, Nalanda, in connection with Telhara P.S. Case No. 73 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T