Patna High Court - Orders
Alok Kumar Singh @ Alok Kumar & Ors vs The State Of Bihar on 18 March, 2017
Author: Sanjay Kumar
Bench: Sanjay Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13247 of 2017
Arising Out of PS.Case No. -379 Year- 2016 Thana -MARHAURA District- SARAN
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1. Alok Kumar Singh @ Alok Kumar
2. Anuj Kumar Singh @ Anuj Kumar
Both sons Awadhesh Kumar Singh, residents of Vaishya Tota, P.S.-
Marhowrah, District-Saran
3. Surendra Sah @ Surendra Kumar, S/o Late Homai Sah, resident of
Marhowrah, Sabji Bazar, P.S. Marhowrah, District-Saran
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Harish Kumar
For the Opposite Party/s : Mr. Sri Nagendra Prasad
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CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL ORDER
2 18-03-2017Heard the learned counsel for the petitioners and the learned APP for the State.
The petitioners apprehend their arrest in connection with Marhowrah P.S. Case No. 379 of 2016 instituted for the offences punishable under Sections 188, 147, 148, 149, 295A, 337, 338, 436, 427, 153A, 153B, 307, 120-B of the Indian Penal Code and Sections 3/4 of the Public Property Damage Act.
The informant happens to be police officer and in his self statement, he has alleged that altogether 46 F.I.R. named and 150-200 unknown persons were found raising slogans against a particular faith / religion. They further started Patna High Court Cr.Misc. No.13247 of 2017 (2) dt.18-03-2017 2/3 pelting stones on police party when they reached to pacify the mob. The names of this petitioner and other co-accused were disclosed by local choukidar and police spy.
The learned counsel for the petitioners submits that the petitioners are businessmen, having their shops near the place of occurrence. The petitioners at the time of occurrence closed their shop and were watching the mob. The members of the mob were raising protest against some objectionable pictures of God which were aired on Whatsapp to outrage the religious feelings. It was further submitted that similar occurrence took place at different places for which several cases were registered. In one of the case of similar nature, accused persons have been allowed anticipatory bail vide order dated 28.10.2016 passed in Criminal Miscellaneous No. 44606 of 2016 by another coordinate Bench of this Court.
The learned APP, on the other hand, opposed the anticipatory bail by submitting that the accused persons caused hindrance in police administration.
The petitioners are although named accused in the present case but no specific overt act has been alleged the petitioners. There is no criminal antecedent against them and they are alleged to be members of the mob.
Patna High Court Cr.Misc. No.13247 of 2017 (2) dt.18-03-20173/3
In the facts and circumstances of the case, the anticipatory bail prayer is allowed. The petitioners, above named, in the event of arrest / surrender within four weeks from today, be admitted on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IInd, Saran at Chapra in connection with Marhowrah P.S. Case No. 379 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sanjay Kumar, J) ajaypd./-
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