Pintu Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15438 of 2023 Arising Out of PS. Case No.-180 Year-2021 Thana- NAVINAGAR District- Aurangabad ====================================================== PINTU DAS S/o Amod Das @ Pravesh Das R/o Village- Das Mohalla Nabinagar, P.S.- Nabinagar, Distt- Aurangabad (Bihar). ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 337, 307, 332, 333, 353, 427, 283, 188 and 504 of the Indian Penal Code read with Sections 3 and 4 of the Prevention of Damage of Public Property Act, 1984.

As per prosecution case, 76 named and 300-400 unknown persons blocked the Navinagar main road by burning tyres and pelted stones over the police. Crowd armed with weapons attacked over the police and put hindrance in discharging their official duty.

Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that no specific overt act has been alleged against the

Patna High Court CR. MISC. No.15438 of 2023(2) dt.18-05-2023 2/2 petitioner. No such occurrence, as alleged in the FIR, has taken place. Several similarly situated co-accused have already been allowed pre-arrest bail by this Court vide annexure 3. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case, the petitioner above-named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in Navinagar P.S. Case No. 180 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Prabhat Kumar Singh, J) shashi/- U T