Upendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13369 of 2022 Arising Out of PS. Case No.-244 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== Upendra Singh, Son Of Vijay Narayan Singh (Late Vidya Nand Singh As Mentioned In Fir) Resident Of Village - Malpur, Police Station - Patepur, District - Vaishali.
... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh Mr. Manish Kumar No.2 For the Opposite Party/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 332, 333, 188, 353, 427, 504 and 506 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant, who is police officer, alleges that on 20.11.2021 while he was patrolling, he got information that a person had been killed due to ambulance accident which has angered the local people and they have blocked the road. Accordingly, the police team reached the place of occurrence and the injured was taken to the
Patna High Court CR. MISC. No.13369 of 2022(2) dt.05-09-2022 2/3 hospital. Further, it is alleged that the mob which has gathered, hurled abuses and have been tried even to set the S.H.O. ablaze. It is next alleged that the mob pelted stones on police force and further, damaged the police vehicle and one constable was also injured. It is next submitted that the mob was demanding that the speed breaker be restored which was removed earlier. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R, it would manifest that the allegation is not specific rather allegation of creating ruckus is general and omnibus in nature. It is next submitted that on account of removal of speed breaker, accident had become rampant in the area, as such, the mob had gathered and were trying to persuade the administration to ensure that speed breaker on the roads are constructed, so that accident case may be become less.
Learned A.P.P. opposes the bail application.
Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.13369 of 2022(2) dt.05-09-2022 3/3 satisfaction of the learned Court below where the case is pending in connection with Patepur P. S. Case No.244 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T