Sushant Kushwaha @ Sushant Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69424 of 2019 Arising Out of PS. Case No.-293 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== SUSHANT KUSHWAHA @ SUSHANT RANJAN S/o Yugal Kishor Mahto Resident of Opposite K.P. Market, Subhash Nagar, Purnea, P.S.- Purnea K. Hat Sahayak, District- Purnea (Bihar), 854301 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with K. Hat Sahayak P.S.Case No.293 of 2019, registered for offences punishable under Sections 147, 148, 149, 342, 323 and 353 of the Indian Penal Code and Section 27/35 . Petitioner is not named in the FIR, which has been lodged by the S.H.O. of K. Hat Sahayak Police Station on information that some miscreants have been apprehended by the mob , reached there and found some miscreants assaulted by the mob and any how saved them and sent them to the hospital but the mob started raising slogans against the police, which again started assaulting. One more person who was also saved sent to the hospital. It is also stated that the mob damaged four motorcycles and also damaged the police vehicle. They have also set the Apache motorcycle on fire. Photograph was also made of the occurrence.

Patna High Court CR. MISC. No.69424 of 2019(2) dt.05-11-2019 2/2 Submission of the learned counsel for the petitioner is that he is not named in the FIR but later on his name transpired on the basis of the CCTV footage but no specific allegation has been attributed against him and he is also member of big mob. Heard learned APP, who has opposed the prayer for bail but admitted that the petitioner is not named in the FIR and later on on the basis of CCTV footage, he has been made accused in this case.

In view of the facts as staged above, so far this petitioner is concerned, Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with K. Hat P.S.Case No.293 of 2019 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T