Ganesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32109 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -KASHICHAK District- NAWADA ====================================================== Ganesh Chaudhary Son of Sri Radhe Chaudhary resident of VillageVajitpur, Police Station- Kashichak, District- Nawadah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 The petitioner is apprehending his arrest in connection with Kashichak (Shahpur O.P) P.S. Case No. 19 of 2018, registered for offences punishable under Sections 188, 147, 148, 353, 504 of the Indian Penal Code and Section 9 of the Bihar Control of the Use and Play of Loudspeaker Act, 1955. Allegation as per F.I.R. is that on Holi festival, the petitioner and other persons were playing vulgar songs. The submission of learned counsel for the petitioner is that there is no specific allegation has been attributed against the petitioner. It is further submitted that the petitioner is innocent and had been falsely implicated in this case. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a

Patna High Court Cr.Misc. No.32109 of 2018 (3) dt.13-07-2018 2/2 period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Nawadah in connection with Kashichak (Shahpur O.P) P.S. Case No. 19 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/-Amjad U T