Amar Singh @ Dhanjee Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6403 of 2018 Arising Out of PS.Case No. -101 Year- 2017 Thana -DARIHAT District- SASARAM (ROHTAS) ====================================================== Amar Singh @ Dhanjee Singh, Son of Ramashray Singh, Resident of Village-Baran Bigha (Berkap), P.S. Dehri, District Rohtas. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 186, 341, 323, 504, 506, 337, 338, 332, 427, 333, 307, 120B and 353 of the Indian Penal Code.

The prosecution case as per the self statement of S.I. Siya Ram Singh dated 14.11.2017 at 10.45 P.M. is to the effect that informant along with the raiding party constituted by the SDPO, proceeded for Hurka Sone Ghat where three persons were apprehended, who were conducting illegal

Patna High Court Cr.Misc. No.6403 of 2018 (2) dt.01-02-2018 mining of sand and were loading the same on two tractors and one motorcycle and five belcha were seized from the place of mining. Subsequently, when the informant was returning to police station, then 70-80 persons started pelting stones and three constables were severely assaulted.

It is submitted by learned counsel for that the petitioner that, in fact, a malicious case has been lodged, as no mining mineral was recovered from the site and accusation of pelting stones and making assault is against 34 FIR named accused persons including the petitioner and 35-40 unknown. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. However, learned APP submits that the petitioner is named in the FIR.

Considering the omnibus and general accusation against the mob, let the above named petitioner Amar Singh @ Dhanjee Singh be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned Judicial Magistrate, Ist Class, Dehri, Rohtas in connection with

Patna High Court Cr.Misc. No.6403 of 2018 (2) dt.01-02-2018 Darihat P.S. Case No. 101 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T