Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24262 of 2020 Arising Out of PS. Case No.-51 Year-2020 Thana- DHAKA District- East Champaran ====================================================== GUDDU S/o Habib Resident of Village- Bahlolpur, P.S.- Dhaka, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar No.III For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-09-2020 Heard Mr. Sunil Kumar No. III , learned counsel for the petitioner and Dr. Ajeet Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner apprehends his arrest in connection with Dhaka P.S. Case No. 51 of 2020 registered for the offence punishable under Section 147 , 148 , 149 , 341 , 323, 188 , 332 , 333, 353 , 295 , 120 (B) I.P.C.
The allegation against the petitioner is that petitioner along with other 13 named accused persons and around 250-300 unknown persons on 31.01.2020 i.e. on the eve of Saraswati Puja blocked the public road and were preventing the procession of Goddess Saraswati and also obstructing the tractor with the idol of Goddess Saraswati. It has further been alleged that Police personnel tried to pacify the matter, but Ex- Mukhiya
Patna High Court CR. MISC. No.24262 of 2020(2) dt.29-09-2020 2/3 Nurul Hoda along with other accused persons became furious and displayed danda, bhala and sword and raised slogans against the administration and also assaulted Police personnel and tried to disturb public peace and tranquility. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case with oblique motive. Learned counsel further submits that allegation against the petitioner along with other named accused persons (13 in number) and 200-300 persons is general and omnibus and similarly situated named accused person - Nurul Hoda and other accused persons have been granted anticipatory bail by this court in Cr. Misc. No. 21894 of 2020 & 20585 of 2020. Having regard to the submissions made by the parties , taking into consideration the materials available on record and the fact that similarly situated named accused persons have been granted anticipatory bail by this court, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional
Patna High Court CR. MISC. No.24262 of 2020(2) dt.29-09-2020 3/3 Judicial Magistrate, Sikrahna at Dhaka, East Champaran / court concerned in connection with Dhaka P.S. Case No. 51 of 2020 , subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) praful/- U T