Santosh Kumar Jaiswal @ Santish Prasad Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51699 of 2018 Arising Out of PS.Case No. -238 Year- 2018 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) =========================================================== Santosh Kumar Jaiswal @ Santish Prasad Choudhary son of Late Asharfi Lal, resident of Village- Sariswa, P.S.- Manjhaulia, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 20-09-2018 Heard learned counsel for the petitioner and A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Majhaulia P.S. Case No.238 of 2018 dated 15.06.2018, registered under Sections 147, 148, 149, 323, 332, 333, 307, 353/504 of the Indian Penal Code.

3. The petitioner along with 11 others is accused of obstructing the police in clearing a traffic jam.

4. Learned counsel for the petitioner submitted that the police were unnecessarily trying to interfere with the locals as some motorcycles were standing at the place where members of one community were offering prayer and due to this interference, some incident took place but the petitioner has been named only on

Patna High Court Cr.Misc. No.51699 of 2018 dt.20-09-2018 2/2 suspicion without any proper identification. Further, it was submitted that the petitioner has no criminal antecedent.

5. Learned A.P.P. submitted that the petitioner is alleged to have attacked the police party.

6. Having regard to the facts and circumstances of the case and submission of learned counsel for the parties, let the petitioner be released on bail in the event of his arrest or surrender within six 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 learned Chief Judicial Magistrate, Bettiah, District-West Champaran in connection with Majhaulia P.S. Case No.238 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. One of the bailors shall be a close relative of the petitioner. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. (Ahsanuddin Amanullah, J) Sanjeev/- AFR/NAFR U 20.09.18 T 20.09.18