Sonu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61909 of 2017 Arising Out of PS. Case No.-87 Year-2017 Thana- BIKRAMGANJ District- Rohtas ====================================================== Sonu Pandey S/o Raj Narayan Pandey, R/o Village- Tenduni, P.S.- Bikramganj, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mani Kant Mishra, Adv.

For the Opposite Party/s :

SRI NAVIN KUMAR PANDEY, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-12-2017 Heard learned Counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/324/307/153/153A/295/295A/337/338/ 353/332/435/436/379/427/120B of the Indian Penal Code. Prosecution case as per the written report of Ram Kumar Pal, S.I. of P.S. Bikramganj, is to the effect that on 05.04.2017, while the informant along with Magistrate and police force were performing law and order duty at Tenduni Chowk, at around 6 P.M, during the procession of Ram Navmi, some fanatic slogans were raised, which created chaos due to

Patna High Court Cr.Misc. No.61909 of 2017(2) dt.22-12-2017 2/3 the protest made by the Muslim community. Subsequently, resulted into stone pelting from both sides.

It is submitted by learned counsel for the petitioner that the FIR was registered against 10 named including the petitioner and 100 unknown. The accusation is omnibus and general. For the same incident another case was lodged, being Bikramganj P.S. Case No. 86 of 2017 and in other case being Bikramganj P.S. Case No.61 of 2017, though the petitioner is an accused, but he is on bail. Moreover, similarly situated accused, Kumud Ranjan Tiwary has been granted anticipatory bail vide Criminal Miscellaneous No. 43574 of 2017, whereas, Golu @ Goldu has been granted regular bail vide Criminal Miscellaneous No. 47972 of 2017, by a co-ordinate Bench of this Court, as contained in Annexures-2 and 3. It is submitted by learned APP for the State that the petitioner is also named in the FIR.

Considering the accusation against the mob and that coaccused have been granted bail, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.61909 of 2017(2) dt.22-12-2017 3/3 satisfaction of the learned SDJM, Bikramganj, Rohtas, in connection with Bikramganj P.S. Case No.87/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T