Beer Bahadur Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25980 of 2024 Arising Out of PS. Case No.-133 Year-2023 Thana- KACCHWA District- Rohtas ====================================================== Beer Bahadur Singh S/O Hardeo Singh R/O Village- Paschim English, P.SImadpur, Distt.- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Malti Kumari, Adv.
For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-05-2024
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in a case in connection with Kachhwan/Kachhchwa P.S. Case No. 133 of 2023 dated 07.09.2023 registered for the offences punishable u/s 147, 148, 149, 341, 323, 307, 323, 353, 427, 379, 411, 414 & 504 of the Indian Penal Code and u/s 27 of the Arms Act.
3. As per the prosecution case, the police team seized four tractors loaded with sand illegaly in Englishpur Ghat, the Sone river. On instigation of driver and owner of the tractors and others, the villagers caused hindrance in the discharge of their official duty and damaged the police vehicle. Thereafter,
Patna High Court CR. MISC. No.25980 of 2024(2) dt.17-05-2024 2/3 one person opened fire on the police team and took the possession of the tractors. Then the police team identified some persons including the petitioner with the help of local Chowkidar.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated at para 3 of the bail petition. There is general and omnibus allegation against the petitioner. No incriminating material is recovered from the possession of the petitioner. The allegation against the petitioner is that he was only member of the mob. Local Chowkidar disclosed the name of the petitioner. The co-accused has been enlarged on anticipatory bail by this Bench vide order dated 05.02.2024 passed in Cr. Misc. No. 2221 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bikramganj
Patna High Court CR. MISC. No.25980 of 2024(2) dt.17-05-2024 3/3 (Rohtas) in connection with Kachhwan/Kachhchwa P.S. Case No. 133 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) annpurna/- U T