Pappu Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39772 of 2018 Arising Out of PS. Case No.-44 Year-2018 Thana- SIMRA District- West Champaran ====================================================== Pappu Uraon, S/o Mankeshwar Uraon, R/o Village- Maryadpur, P.S.- Semra (Chiutaha), District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-07-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,341,323,332,333,353 and 504 of the IPC. The prosecution case as per the written report of Patras Toppo, ASI of Police, Chiutaha O.P. dated 20.3.2018, submitted to the SHO, Chiutaha O.P. is to the effect that on the same day, the informant conducted a raid under the provisions of Prohibition law and recovered 5 liters country made liquor from the house of Tufani Uraon. When a lady from the house started fleeing away, the informant tried to apprehend her when 25 people attacked on the informant and the raiding party, causing injury. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general. Statement has been made

Patna High Court Cr.Misc. No.39772 of 2018(2) dt.10-07-2018 2/2 in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. There is no recovery from the petitioner. It is further submitted that the case was not registered under the provisions of Excise Act, which suggests that there was no recovery and when the public made protest for highhandedness of the police, the present case has been registered. Considering the accusation against the mob coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM Ist Class, Bahaha, West Champaran, in connection with Semra (Chiutaha) P.S. Case No.44 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U