Shankar Singh @ Shankar Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62120 of 2017 Arising Out of PS.Case No. -734 Year- 2017 Thana -KATIHAR District- KATIHAR ====================================================== Shankar Singh @ Shankar Kumar Singh, S/o Brijnandan Singh, R/o Mohalla- Dahariya, P.S.- Katihar (Sahayak), District- Katihar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22-12-2017 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, 153, 153A, 295, 295A, 353, 323, 337, 338 and 307 of the Indian Penal Code.
The prosecution case, as per the written report of Officer-in-Charge, Sahayak Police Station addressed to the Officer-in-Charge, Katihar Police Station, is to the effect that on 02.10.2017 at 3.00 P.M. on the eve of Muharram the informant was on patrolling duty, in the meantime, SHO of
Patna High Court Cr.Misc. No.62120 of 2017 (2) dt.22-12-2017 2/3 Town Police Station directed him to reach near Marwari Pathshala and when the informant reached he saw that around 300 persons from Hindu Community had assembled, being armed with deadly weapon and had blocked the road and assaulted the Muslim passersby and when the informant reached Sarifganj chowk, he found 400 persons from Muslim community had assembled, and they were also assaulting the Hindu passersby and thereafter both the communities started pelting the stones on each other and the informant also received injury around his ear. On the order of Magistrate, police resorted to fire and thereafter the accused persons escaped from the scène. It is submitted by learned counsel for the petitioner that the accusation is omnibus and general against the mob.
A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the police in order to save the skin has lodged the present case. Considering the nature of accusation against the mob, let the above named petitioner 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.
Patna High Court Cr.Misc. No.62120 of 2017 (2) dt.22-12-2017 3/3 Chief Judicial Magistrate, Katihar in connection with Katihar Town (Sahayak) P.S. Case No. 734 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