Patna High CourtCR. MISC./33385/2023withdrawn

Dadan Singh v. The State Of Bihar

2023-08-03Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30385 of 2023 Arising Out of PS. Case No.-914 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== ABDUL MANNAN SON OF LATE ABDUL JABBAR R/O VILLAGEPAHARPUR, P.S.- SIMRI BAKHTIYARPUR, DISTRICT- SAHARSA, AT PRESENT POSTED ASI SADAR, P.S.- SADAR POLICE STATION, PURNEA, DISTRICT- PURNEA ... ... Petitioner/s

Versus

The State of Bihar 2.

MOHD. SHAHIDUL HAQ SON OF MOHD. MUSLIM R/O VILLAGEMADHOPARA, P.S.- O.P.K. HAAT, DISTRICT- PURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, A.P.P.

Mr. Mazher Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2023

1. Heard learned counsel for the petitioner, learned counsel for the complainant and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 354B, 379, 380, 452, 504, 506, 500 of the Indian Penal Code and Section 75 of the Juvenile Justice ( Care and Protection of Children ) Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and his case is squarely covered by the case of Mithilesh Kumar who had moved before this Court by filing Cr. Misc. No. 26934 of 2023

Patna High Court CR. MISC. No.30385 of 2023(2) dt.26-07-2023 2/3 and Cr. Misc. No. 26934 of 2023 was disposed of by a reasoned order dated 06.07.2023 after hearing the I.G., Purnea Range along with Rail Superintendent of Police, Muzaffarpur.

4. Learned counsel for the petitioner submits that the allegation against the petitioner if not identical is akin to what has been alleged against Mithilesh Kumar and since the I.G., of the Purnea Range has already submitted before this Court that action on the administrative side against the accused persons would be taken after examining the matter, as such, the petitioner should also be given the privilege of anticipatory bail.

5. Learned A.P.P. for the State and learned counsel for the complainant opposed the prayer for anticipatory bail of the petitioner but then fairly concedes that Mithilesh Kumar has been granted the privilege of anticipatory bail and the case of the petitioner is also similar to that of Mithilesh Kumar, as petitioner is also a police officer.

6. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.30385 of 2023(2) dt.26-07-2023 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 914 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T