Upendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37939 of 2015 Arising Out of PS.Case No. -251 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================
1. Upendra Singh Son of Krishna Singh resident of village - Amtha, P.S. Sheosagar, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 13.06.2015 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 337, 338, 307, 420, 120B/34 of the Indian Penal Code, 27 of the Arms Act, 33, 41, 42 of the Forest Act, 4(1-a), 4(1) of D.E. Act and (1) of the B.M. Act.
The prosecution case is that the informant raided the Gopi Bigaha Crusher and seized two crusher machines, generator, tractors and other vehicles. In the mean time 400500 persons came there and started pelting stones due to which some constables sustained injury and some of them started firing on police personnel.
It has been submitted by the learned counsel for
Patna High Court Cr.Misc. No.37939 of 2015 (2) dt.02-09-2015 the petitioner that the allegations against the petitioner are general and omnibus. He is a man of clean antecedent and no indiscriminating articles have been recovered from the possession of the petitioner. He further submits that he was a stranger in the mob, who had taken his wife Madhuri Devi for treatment in the hospital and on his way the said incident occurred.
Under such circumstances, let the above named petitioner be released 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, Dehri-on-sone, Rohtas in connection with Dehri (Town) P. S. Case No. 251 of 2015.
(Nilu Agrawal, J) P.K./- U T