Diwakar Singh @ Divakar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34851 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- ALIPUR District- Gaya ====================================================== DIWAKAR SINGH @ DIVAKAR SINGH S/O RAGHUNANDAN SINGH R/o village- Bhelampur, P.S.- Alipur, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in connection with Alipur P.S. case No.20 of 2021 registered under Sections 379, 411, 353, 307, 427 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, in short, is that when the police
Patna High Court CR. MISC. No.34851 of 2021(2) dt.06-01-2022 2/3 seized a tractor loaded with illegal sand, the accused persons fired upon the police.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is alleged to be the owner of the tractor in question, on which illegal mining of sand was being made. The petitioner had no knowledge regarding the loading of the sand in question. No grievous injury is said to have been caused in course of occurrence.
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the facts and circumstances, the
Patna High Court CR. MISC. No.34851 of 2021(2) dt.06-01-2022 3/3 petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Sri Aman Papnai, learned Judicial Magistrate, 1st class, Gaya in connection with Alipur P.S. case No.20 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T