Ajay Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70295 of 2019 Arising Out of PS. Case No.-717 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== AJAY PATEL S/o Jagarnath Patel Resident of Sakin- Kishunbagh, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bettiah (T) P.S. Case no. 717 of 2018, registered under Sections 147, 148, 149, 188, 153(A), 153(B), 332, 333, 337, 338, 353, 307 and 295(A) of the Indian Penal Code. The accusation is that in the procession of Mahabiri Akhara, the members of the procession of Mahabiri Akhara and the minority community started pelting stones towards each group. In the alleged group, 31 persons including the petitioner, were identified and besides them, 400-500 unknown of both communities were also indulged in the said occurrence.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.70295 of 2019(3) dt.31-01-2020 2/2 regarding the same occurrence, Bettiah (T) P.S. Case No. 716 of 2018 was also instituted in which the petitioner has already been allowed privilege of bail on 18.10.2019 vide Criminal Miscellaneous No. 64093 of 2019, except that petitioner has no criminal antecedent. Further submission is that co-accused Rahul Kumar have already allowed privilege of pre-arrest bail on 06.08.2019 vide Criminal Miscellaneous No. 48023 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 four 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 Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah (T) P.S. Case No. 717 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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