Osihar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10680 of 2020 Arising Out of PS. Case No.-147 Year-2019 Thana- AANDAR District- Siwan ======================================================
1. Osihar Singh aged abut 41 years , Gender - Male, Son of Late Ramdev Singh
2. Raja Sah @ Deepak Kumar Gupta, aged about 34 years, Son of Sri Ram Sah, Both are resident of village - Harpalpur, Police Station - Andar (M.H. Nagar), District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-06-2020 Heard Mr. Bijay Prakash Singh , learned counsel for the petitioners and Mr. Ajit Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioners apprehend arrest in connection with Andar (M.H. Nagar) P.S. Case No. 147 of 2019 registered for the offence punishable under Section 147, 148, 149, 341, 323, 353, 504, 506 of the I.P.C.
The allegation against the petitioners as per the First Information Report is that petitioners along with other accused persons and 300 unknown persons had surrounded one lady and assaulted her and when the police party tried to rescue the lady in order to take her to the Police Station, the petitioners and
Patna High Court CR. MISC. No.10680 of 2020(2) dt.30-06-2020 2/3 other unknown persons created hindrance.
Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged and from perusal of First Information Report it would be evident that name of petitioners have been disclosed by the village Chaukidar. Learned counsel further submits that large numbers of villagers had assembled near the place of occurrence and no specific allegation of assault or causing injury to anybody has been levelled against the petitioners. Having regard to the submissions made by the parties and taking into consideration the fact that allegation against the petitioners is general and omnibus in nature, I am inclined to grant anticipatory bail to the petitioners.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - IX, Siwan in connection with Andar (M.H. Nagar ) P.S. Case No. 147 of 2019 , subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.
Patna High Court CR. MISC. No.10680 of 2020(2) dt.30-06-2020 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) praful/- U T