Suraj Sah vs The State Of Bihar on 12 December, 2018

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Patna High Court - Orders

Suraj Sah vs The State Of Bihar on 12 December, 2018

Bench: Dinesh Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.65112 of 2018
                      Arising Out of PS. Case No.-342 Year-2017 Thana- TAJPUR District- Samastipur
                 ======================================================
                 Suraj Sah, S/o Banarasi Sah, Resident of Village- Kasba Ahar, Ward No.3,
                 P.S.- Tajpur, District- Samastipur.
                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar.
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Lakshmindra Kumar Yadav
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                       ORAL ORDER

2   12-12-2018

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 302, 307, 324, 338, 337, 353, 354B, 379, 427, 436, 447 of the Indian Penal Code, 1860 and Section 3 of the Prevention of Damage to Public Property Act, 1984.

The prosecution case as per the written report of Ishwar Chandra Singh, Block Education Officer of Morwa Block submitted to the Station House Officer of Tajpur Police Station is to the effect that on 20.10.2017 at 11.00 A.M., 400- 500 unknown persons came in front of the Tajpur Police Station and started raising slogan against the administration. The mob Patna High Court Cr.Misc. No.65112 of 2018(2) dt.12-12-2018 2/3 also damaged the vehicles, set the vehicles on fire, pelted stones and also resorted to brickbat, as a result, some of the police personnel received injuries. The mob also resorted to fire in which one person received firearm injury and subsequently, he succumbed to the injury.

It is submitted by learned counsel for the petitioner that the accusation is against the mob. It is further submitted that the petitioner has a shop near the police station, hence, he was present there. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the accusation is against the mob.

Considering the accusation against the mob coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Samastipur in connection with Tajpur P.S. Case Patna High Court Cr.Misc. No.65112 of 2018(2) dt.12-12-2018 3/3 No. 342 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/-

U       T

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Patna High Court - Orders