Narendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13373 of 2022 Arising Out of PS. Case No.-255 Year-2018 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== NARENDRA SINGH S/o Late Ram Raj Singh Resident of Village- Dubhal, P.S.- Magadh Medical, District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-09-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 143, 144, 150, 153(A), 188, 290, 295(A) and 298 of the Indian Penal Code.
Learned senior counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that the accused persons, including the petitioner, along with others were members of a procession for immersing the idol of Devi Durga, further who despite the orders of the police personnel took the procession towards the worship place of a particular community and played objectionable songs in order to
Patna High Court CR. MISC. No.13373 of 2022(2) dt.16-09-2022 2/3 disrupt the communal harmony between the two communities. Learned senior counsel for the petitioner submits that no specific allegation has been alleged against the petitioner, the allegations are general and omnibus in nature and similarly situated co-accused Naval Singh, Rohit Singh and Rahul Singh have been granted anticipatory bail by order dated 24.09.2019 in Cr. Misc. No. 60272 of 2019.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the case is of 2018 and the petitioner has moved this Court in the year 2022, as such it may be a possibility that process under Section 82 Cr.P.C. may have been issued thus disentitled the petitioner from seeking anticipatory bail.
Considering the submissions made by the learned senior counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Magadh Medical College P.S. Case No. 255 of 2018 subject to the
Patna High Court CR. MISC. No.13373 of 2022(2) dt.16-09-2022 3/3 conditions as laid down under Section 438 (2) of the Cr.P.C. Further, the learned trial court before accepting the bail bonds shall verify whether any process under Section 82 Cr.P.C. against the petitioner or not in the event, if process under Section 82 Cr.P.C. has been issued against the petitioner then the present anticipatory bail order shall not be given effect and, in the event, if no process under Section 82 Cr.P.C. is issued against the petitioner then the present order shall be acted upon forthwith.
(Satyavrat Verma, J) Shivam/- U T