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Bishishth Bin @ Bishishth v. The State of Bihar

Patna HC2 Dec 2019CR. MISC./77899/2019

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to the petitioner, director of Mahabiree Akhara No. 2, apprehending arrest in a case alleged to involve obstruction of government duty and unlawful assembly. Bail was granted subject to a bond of Rs. 10,000 and two sureties.

What did the court decide?

Petitioner granted anticipatory bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount, to surrender or produce before the Court below within six weeks.

Bishishth Bin @ Bishishth Vs The State of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77899 of 2019

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Arising Out of PS. Case No.-282 Year-2019 Thana- KUCHAIKOTE District- Gopalganj

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======================================================

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BISHISHTH BIN @ BISHISHTH Son of Kanchan Bin Resident of Village - Sasamusa Bin Toli, P.S.- Kuchaikote, Distt.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Sharma For the Opposite Party/s : Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 02-12-2019

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 188, 353, 34 of the Indian Penal Code, Section 9 Loudspeaker Act and 27 of the Arms Act.

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Prosecution case as lodged by the informant is that on 07.08.2019, in the night and on 08.09.2019 in the day light, he was deputed at Sasamusa Bazar on the eve of Mahabeeri Akhara. But in spite of fully restriction of playing of Orchestra and dance of showgirl, directors of Akhara No. 1,2,3 have been playing Orchestra and showgirl and other were dancing with showgirl. After repeated reminder of ban of such act, huge number of processors expressed their anger, which is completely

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Patna High Court CR. MISC. No.77899 of 2019(2) dt.02-12-2019 2/3

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a violation of order of law nd the people made obstruction in Government duty. It is alleged that Vir Babu Prasad and Bipul Soni were dancing with the showgirl with pistol and rifle permanently. Nand Kishore Prasad as the director of Akhagar No. 1, Bashishth Bind is the director of Akhara No. 2 and Anil Singh is the director of Akhara No. 3.

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Learned counsel for the petitioner submits that petitioner is the director of Mahabiree Akhara No. 2 and procession licence was granted on 03.09.2019 under the joint signature of officer-in-charge of Kuchaikote police station and Sub Divisional Police Officer (Sadar) Gopalganj for two days. He submits that there is no specific allegation against the petitioner. He submits that petitioner bears no criminal antecedent as stated in para-3 of the bail petition. He further submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 76778 of 2019 on 27.11.2019.

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In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with

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Patna High Court CR. MISC. No.77899 of 2019(2) dt.02-12-2019 3/3

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two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII, Gopalganj in connection with Kuchaikote Police Station Case No. 282 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Bishishth Bin @ Bishishth v. The State of Bihar

Case brief

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Bishishth Bin @ Bishishth v. The State of Bihar

Case brief

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