Patna High Court - Orders
Suraj Kumar Saxena @ Sonu Kumar vs The State Of Bihar on 21 December, 2018
Author: Anil Kumar Upadhyay
Bench: Anil Kumar Upadhyay
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75923 of 2018
Arising Out of PS. Case No.-225 Year-2016 Thana- PARSABAZAR District- Patna
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Suraj Kumar Saxena @ Sonu Kumar, S/o Nawal Kishore Singh, R/o Village
Mahuli, P.S. Parsa Bazar, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Pawan Kumar Singh
For the Opposite Party/s : Mr.Sri Uday Chand Prasad
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL ORDER
2 21-12-2018Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Parsa Bazar PS Case No. 225/2016 for the alleged offence under Sections 147, 148, 149, 341, 323, 332, 353, 504, 427 and 435 of the Indian Penal Code.
Learned counsel representing the petitioner submits that petitioner has no criminal antecedent. Referring to the prosecution case, learned counsel further submits that petitioner was amongst 100-150 persons involving in the activities of blockage of road in connection with protest against death due to road accident on NH 83. Learned counsel further submits that there is no specific allegation of overt act against the petitioner and he was simply a member of the mob.
Considering that petitioner has no criminal antecedent Patna High Court Cr.Misc. No.75923 of 2018(2) dt.21-12-2018 2/2 and he was only a member of the mob assembled to protest against the road accident on NH 83, this application is allowed.
Accordingly, in the event of arrest or surrender before the court below within a period of one month from today, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate-cum-CBI IInd, Patna in connection with Parsa Bazar PS Case No. 225/2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Upadhyay, J) mrl./-
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