Sujit Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28880 of 2020 Arising Out of PS. Case No.-220 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== SUJIT SINGH Son of Jagatnarayan Singh Resident of Village - Chiknauta, Chhapra Bahas, P.S.- Sugauli, District - East Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.
This application, for grant of anticipatory bail, arises out of Majhaulia Police Station Case No. 220 of 2019, disclosing offences under Sections 153-A/295-A/353/337/338/ 147/148/149/151/152/341/323/324/325/307 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that the police, after getting information that two groups of two different communities were pelting stones upon each other on a trivial issue, arrived at the concerned village and tried to pacify the matter, but the accused persons attacked on the police party also and created hindrance in discharge of
Patna High Court CR. MISC. No.28880 of 2020(2) dt.10-12-2020 2/3 public duty by the police officials and the name of the petitioner has been disclosed by the village Chawkidar, along with 13 other named and 100 unknown persons from each communities. Learned Counsel appearing on behalf of the petitioner submits that petitioner has got no criminal antecedent and he has falsely been implicated due to politics inasmuch as the present First Information Report has been lodged due to the fact that the entire village of the petitioner did not vote for the ruling party. He further submits that persons from two different communities have made accused in this case and the accused persons have not committed any offence in the manner alleged inasmuch as no person from the side of the police party has received any injury.
He further submits that similarly situated co-accused persons have been granted anticipatory bail by this Court, vide order passed in Criminal Misc. No. 60789 of 2019. After having heard learned Counsel for the parties concerned and taking into consideration the materials on record and the fact that the petitioner has got no criminal antecedent, no police personnel has received any injury and similarly situated co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
Patna High Court CR. MISC. No.28880 of 2020(2) dt.10-12-2020 3/3 This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, 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 learned Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Majhaulia Police Station Case No. 220 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √