Alok Kumar Singh @ Alok Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17077 of 2018 Arising Out of PS.Case No. -283 Year- 2017 Thana -DIGHA District- PATNA ====================================================== Alok Kumar Singh @ Alok Rai, S/o- Sri Ashok Kumar Singh, R/v- Digha XTTI, P.S.- Digha, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Digha P.S. Case No. 283 of 2017 for the offences punishable under sections 144, 145, 146, 147, 148, 149, 114, 115, 323, 342, 307, 353, 395, 397, 186, 332, 333, 336, 337, 338, 427 and 504 of the I.P.C and section 27 of the Arms Act.
Allegedly, on 05.09.2017 the informant along with other police personnel went for measurement of land of Bihar State Housing Board situated at Digha. In course of measurement rumor spread that the police party has visited to remove the encroachment and then large number of people assembled and raised protest against the police and forbade them to perform their duty and they also attacked the police station and damaged the
Patna High Court Cr.Misc. No.17077 of 2018 (2) dt.10-04-2018 2/2 articles.
Submission is of false implication and that altogether 134 named and 800-900 unknown have been named in the FIR. The allegation against the petitioner is general and omnibus in nature, there is no chance of tampering with the prosecution evidence, he has no concern with the occurrence, it is not possible for the informant or any other police personnel to identify, neither the informant nor the police personnel sustained injury, several other co-accused similarly situated have been allowed pre-arrest bail and as such the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that similarly situated other accused person have been allowed bail.
In the facts and circumstances stated above, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M, Patna in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T