Patna High Court - Orders
Kantesh Kumar vs The State Of Bihar on 3 July, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33120 of 2018
Arising Out of PS.Case No. -639 Year- 2017 Thana -
BEGUSARAI TOWN District- BEGUSARAI
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Kantesh Kumar Son of late Ram Naresh Rai Resident of
Village- Gaushala Road, Ratanpur, P.S. Begusarai Town,
O.P. Ratanpur, District- Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Kalyan Shankar
For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 03-07-2018The petitioner seeks bail in anticipation of his arrest in connection with Begusarai Town P.S. Case No. 639 of 2017 dated 16.11.2017 instituted for the offences under Sections 147, 149, 153, 295, 337, 353, 427 of the Indian Penal Code.
The Circle Officer, Begusarai and his team which had gone to remove the encroachment, were attacked upon by the local residents. The assemblage of people was organized by one Fannu Singh and Manoj Kumar. In order to prevent the Officers from removing the encroachment and also to whip up religious sentiments, a statue of a god was brought at the place. A J.C.B machine was also damaged.
The learned counsel for the petitioner has submitted that he has falsely been made accused in this case. In fact, Patna High Court Cr.M isc. No.33120 of 2018 (2) dt.03-07-2018 2/2 out of his curiosity to know what was happening, he had gone to see the removal of encroachment. It has further been submitted that petitioner was only a by-stander and out of confusion, he has been made accused in this case.
The petitioner does not have any criminal antecedent and there is no specific allegation against him.
Considering the aforestated facts, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 639 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J) Shageer/-
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