Ramesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63969 of 2019 Arising Out of PS. Case No.-290 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== RAMESH PRASAD, aged about 62 years, Male, S/o Late Jamuna Prasad, R/o village- Chanpatiya Chota Chowk, Back side of Durga Mandir, P.S.- Chanpatiya, District- West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Ram Kishun Prasad, Adv.

For the Opposite Party :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Bettiah Town P.S. Case No. 290 of 2019 registered under Sections 147, 148, 149, 188, 333, 337, 338, 353, 307 and 504 of the Indian Penal Code.

The accusation is that in course of patrolling duty, the informant, along with other police officials, received information of gathering of mob of 100-150 in front of house of Arbind Kumar, situated near the eastern gate of new bus stand, Bettiah, reached there, informing to Muffasil Police Station, then, saw that mob had blockade the road and pelting stones. The mob started to raise slogans against the police administration. The mob also damaged 2-3 motorcycles parked there. Any how, the mob was controlled, at that time, four persons were caught hold, who disclosed the names of 19 other persons, including the petitioner. They also disclosed that they had come to damage the house of Arbind Kumar, Principal of

Patna High Court CR. MISC. No.63969 of 2019(2) dt.21-10-2019 2/2 Raj Kumar Shukla Inter College, Satwaria, Chanpatiya, West Champaran at Bettiah, at the instigation of Ramesh Prasad (petitioner).

Submission is that petitioner was not apprehended on the spot. In fact, Arbind Kumar, who is Principal of the College has filed the case as detailed in the first information report, due to that reason he managed to implicate the petitioner in the present case also.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Bettiah Town P.S. Case No. 290 of 2019 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

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