Janardan Prasad Singh @ Janardan Rai And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56809 of 2018 Arising Out of PS. Case No.-283 Year-2017 Thana- DIGHA District- Patna ======================================================
1. Janardan Prasad Singh @ Janardan Rai, S/o Nawal Rai @ Nawal Kishore Singh, R/o Mohalla/Vill.- Haripur Colony, P.S.- Digha, District- Patna.
2. Dilip Kumar @ Dilip S/o Loha Singh, R/o Mohalla/Vill.- Haripur Colony, P.S.- Digha, District- Patna. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Niraj Kumar, Police Inspector, Digha P.S., Digha, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh For the Opposite Party/s :
Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 144, 145, 146, 147, 148, 149, 114, 115, 342, 323, 307, 353, 395, 397, 186, 332, 333, 336, 337, 338, 427, 504 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, in short, is that the informant along with other police officials went for measurement of land of Bihar State Housing Board situated at Digha. In course of measurement, a rumour spread that the police party had visited
Patna High Court Cr.Misc. No.56809 of 2018(2) dt.08-10-2018 2/3 to remove the encroachment. It is that a large number of people assembled and raised protest against police and forbade them from performing their duties. They also attacked on police station and damaged the articles.
It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioner. For the same occurrence, two cases were instituted against the petitioners. Altogether 133 persons have been named including the petitioners and 800-900 unknown persons. General and omnibus allegation has been made against the petitioners. No specific overt act has been made against the petitioners. Other co-accused have been granted anticiaptory bail vide Annexure-2 series to the present application. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna in connection with Digha P.S. case No.283 of 2017, subject to
Patna High Court Cr.Misc. No.56809 of 2018(2) dt.08-10-2018 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T