Patna High Court - Orders
Suraj Kumar vs The State Of Bihar on 22 November, 2017
Author: Nilu Agrawal
Bench: Nilu Agrawal
Patna High Court Cr.M isc. No.54938 of 2017 (2) dt.21-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54938 of 2017
Arising Out of PS.Case No. -282 Year- 2017 Thana -DIGHA District- -
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1. Suraj Kumar Son of late Kameshwar Rai Resident of Mohalla- Ramjee
Chak Petrol Pump, Bata, Police Station- Digha, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay
For the Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL
ORAL ORDER
2 22-11-2017Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Digha P.S. Case No. 282 of 2017 for offences punishable under Sections 144, 145, 146, 147, 148, 149, 114, 115, 342, 323, 307, 353, 395 397, 186, 332, 333, 336, 337, 338, 427 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as lodged by the informant- Circle Officer, is that while he had gone to measure the land along with police party, a mob of 1000 persons became violent and resorted to pelting stones, snatching of police arms and mobiles and also injured many police officials in this scuffle and as many as 132 persons have been named in the FIR.
Patna High Court Cr.M isc. No.54938 of 2017 (2) dt.21-11-2017
It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the FIR and has been falsely implicated in the aforesaid case as well as in another case, of similar nature, on the same day in Digha P.S. Case No. 283 of 2017. He submits that apart from the present case and the aforesaid case, the petitioner bears no criminal antecedent and that other accused persons, who have been named in the F.I.R., have been granted privilege of bail by this Court in Criminal No. 52577 of 2017 on 09.11.2017. He further submits that it was a mob attack and no specific allegation has been made against the petitioner.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Patna, in connection with Digha P.S. Case No. 282 of 2017.
(Nilu Agrawal, J) sushma/-
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