Pappu Mahto @ Pappu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19529 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- NAUHATTA District- Rohtas ====================================================== Pappu Mahto @ Pappu Singh, son of Ganesh Mahto, Village- Shahpur P.S.- Nauhatta, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-06-2023 Heard Mr. Dharmendra Kumar Singh, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Nauhatta P.S. Case No. 140 of 2022 registered for the offences punishable under Sections 147, 148, 149, 323, 353, 504, 307, 427, 332 and 333 of the Indian Penal Code. Allegedly the petitioner was found in a drunken condition, who was creating nuisance in the public place. The police personnel went there to arrest him, however, on hulla being raised, 33 named and 40-50 unknown persons assembled there in order to rescue and started pelting stones and assaulted the police personnel. The accused persons also damaged the police vehicles. It is also alleged that the informant and other
Patna High Court CR. MISC. No.19529 of 2023(3) dt.15-06-2023 2/3 police personnel sustained injuries.
Learned counsel appearing on behalf of the petitioner submits that from the prosecution case it is evident that specific allegation against the petitioner is only to the extent that he was found in drunken condition and making nuisance, but surprisingly the case has not been instituted under the Bihar Prohibition and Excise (Amendment) Act. He further submits that there is no allegation that the petitioner played any active role in assaulting the police personnel or damaging the vehicles, inasmuch, as the petitioner is a man of fair antecedent. He lastly submits that the petitioner undertakes that he will fully cooperate in the investigation and will not indulge in tampering the evidence or intimidating the witnesses.
On the other hand, learned counsel for the State opposes the bail application and submits that the petitioner is the main accused, who creating nuisance and obstructed in discharging the official works of the police personnel. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation, coupled with the fair antecedent and the fact that no case has been instituted under the Bihar Prohibition and Excise (Amendment) Act, let the petitioner, above named be, released on bail, in the
Patna High Court CR. MISC. No.19529 of 2023(3) dt.15-06-2023 3/3 event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Dehri-on-Sone, Sasaram in connection with Nauhatta P.S. Case No. 140 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C.
(Harish Kumar, J) uday/- U T