Basu Saw @ Basu Shaw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29227 of 2015 Arising Out of PS.Case No. -285 Year- 2014 Thana -JAGDIHSPUR District- BHOJPUR ======================================================
1. Basu Saw @ Basu Shaw S/o Jiwan Saw Resident of A.D.M. Road, Jagdishpur, Police Station Jagdishpur, District Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Makardhwaj Upadhyay For the Opposite Party/s : Mr. Md. Ataur Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends arrest in a case registered for the offences punishable under sections 341, 323, 353, 307/34 of the Indian Penal Code.
The informant has alleged that he stopped one person from urinating at the main gate of Kunwar Singh Hata. He asked the persons working at Pandal of Durga Puja to see that no body urinates near the campus. It is alleged that the informant was assaulted and when his friend Uday Pratap Singh arrived there he was also assaulted.
On behalf of the petitioner it is submitted that the petitioner has no criminal antecedent. The petitioner has been
Patna High Court Cr.Misc. No.29227 of 2015 (2) dt.27-07-2015 named in the present case due to mistake of facts. Being member of the Committee he was managing Puja Pandal. No specific injury or overt act has been alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the facts aforesaid, let the petitioner above named, in the event of arrest or surrender in the court below within four weeks from the date of receipt/production of a copy of this order, be enlarged on anticipatory 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 Chief Judicial Magistrate, Bhojpur at Arrah in connection with Jagdishpur P.S. Case no., 285 of 2014, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Sudhir Singh, J) Amin/- U