Patna High Court - Orders
Rohit Patel @ Rahul Patel vs The State Of Bihar on 28 November, 2017
Author: Nilu Agrawal
Bench: Nilu Agrawal
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56299 of 2017
Arising Out of PS.Case No. -676 Year- 2017 Thana -M OTIHARI TOWN District-
EASTCHAM PARAN(MOTIHARI)
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Rohit Patel @ Rahul Patel, son of Raju Raut, resident of Village-
Kaluarawa, P.S.- Motihari Town, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma
For the Opposite Party/s : Mr. Sri Bharat Lal
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 28-11-2017Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 08.10.2017 in connection with Motihari Town P.S. Case No. 676 of 2017 for offences punishable under Sections 147, 148, 149, 341, 323, 353, 427, 120B, 435, 332, 333, 393 of the Indian Penal Code and ¾ Damage of Public Property Act.
The prosecution case, as lodged by the police personnel, is that on information that the dead body of Jai Narayan Thakur was lying in the field of Dhrub Sah, the police party reached for investigation. In the meantime, several persons including the members of Bihar Navyuvak Sangh also gathered and started obstructing road and also resorted to brick batting, Patna High Court Cr.M isc. No.56299 of 2017 (2) dt.28-11-2017 2/2 armed with lathi, danda damaged the vehicles of the police party and also Bihar State Transport Corporation and some started snatching arms of the police force. A mob of about 300 persons assembled in which 12 persons were named in the F.I.R.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and is not named in the F.I.R. He submits that it was a mob attack and the petitioner was just a passer by and has been named only on suspicion.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 676 of 2017.
(Nilu Agrawal, J) Devendra/-
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