Santosh Thakral v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43747 of 2021 Arising Out of PS. Case No.-179 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== SANTOSH THAKRAL SON OF HARIDWAR SINGH Resident of Village - Badhaqiyabagh, P.S.- Sasaram (M), Distt.- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh, Advocate For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in connection with Sasaram (M) P.S. case No.179 of 2018 registered under Sections 147, 148, 149, 323, 337, 338, 307, 353 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation is that two groups were fighting and when

Patna High Court CR. MISC. No.43747 of 2021(2) dt.07-01-2022 2/3 the police tried to pacify the matter, the accused persons alongwith 20-25 unknown persons assaulted the police party. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There was scuffle going on between the two groups of the same village. The police tried to intervene and pacify the matter, some of the police officials were injured by the local residents. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Altogether 10 named persons alongwith 20-25 unknown persons have been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in

Patna High Court CR. MISC. No.43747 of 2021(2) dt.07-01-2022 3/3 covid cases.

Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Sasaram, District Rohtas in connection with Sasaram (M) P.S. case No.179 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T