The Single Judge granted anticipatory bail to the petitioner, apprehending arrest under various IPC sections, to surrender within six weeks.
Release on anticipatory bail to surrender within six weeks, furnishing a bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31023 of 2017
Arising Out of PS.Case No. -41 Year- 2017 Thana -DAWATH District- SASARAM (ROHTAS)
====================================================== Sanjay Pathak @ Sanjay Kumar Pathak, Son of Late Vishwanath Pathak, Resident of Village- Yogini, P.O.- Kowath, P.S.- Dawath, District- Rohtas.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner : Mr. Manoj Kumar Singh, Advocate For the Opposite Party : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
2 11-07-2017 Heard.
2. The petitioner apprehends arrest in connection with Dawath P.S.Case No.41 of 2017 registered for an offence under Sections 147, 148, 149, 323, 352, 109, 353 and 120(B) of the IPC.
3 . The informant of this case is police officer. It is alleged that on 05.04.2017 on the eve of Ram Navmi, a religious procession reached near the Bajrangbali temple as per permission granted by administration and while returning, the procession changed its route and turned towards Kurmi Tola, which was against the permission in violation of order of local administration.
4 . The learned counsel for the petitioner submits that there is no eye witness of the occurrence and the allegation is
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general and omnibus. The petitioner has not violated any order. After the end of procession, the petitioner and other co-accused started returning their home as per their convenience through different root and during procession nothing untoward happen.
5 . The learned APP opposed the submission.
6 . In view of the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Dawath P.S.Case No.41 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of SDJM, Bikramganj (Rohtas), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
B.Kr./-
U
1 issue framed by the court
Whether the petitioner is eligible to be released on anticipatory bail in connection with the aforementioned police case.
Sanjay Pathak
The State of Bihar
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
