Moti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75656 of 2019 Arising Out of PS. Case No.-526 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== MOTI KUMAR Son of Sri Laxman Sah @ Laxman Saw Resident of Village - Mohamadpur, P.S.- Naubatpur, Distt - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Sinha For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Naubatpur P.S. Case No. 526 of 2019, registered for the offence punishable under sections 147, 148, 149, 188, 341, 323, 332, 143, 333, 353 and 302 of the Indian Penal Code. A per allegation made in the FIR, on the police personnel reaching the place of occurrence, they saw a large number of persons with various arms gathered there and were assaulting a person stating that he was child lifter. On the intervention of the police, the mob entered into a scuffle with the police party. Twenty three persons were apprehended on the spot while the local Choukidar disclosed the names of 21 other
Patna High Court CR. MISC. No.75656 of 2019(2) dt.27-11-2019 2/2 persons, who had managed to escape.
It is submitted by learned counsel for the petitioner that he is alleged to be one of the 21 persons, who had managed to escape, although the said allegation is false and concocted. It is further submitted that case of the petitioner stands on similar footing to those of the co-accused, who have been granted bail, one of the orders having been brought on record as Annexure-2 to the application.
Having heard learned counsel for the parties and in view of the facts and circumstances stated hereinabove, the above named petitioner is directed to surrender in the court below within a period of six weeks from today and in the event of his arrest or surrender, he shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, Patna in connection with Naubatpur P.S. Case No. 526 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T