Chandra Bhushan Singh @ Chandra Bhushan Prasad Singh And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6611 of 2016 Arising Out of PS.Case No. -304 Year- 2014 Thana -AKBARPUR District- NAWADA ======================================================
1. Chandra Bhushan Singh @ Chandra Bhushan Prasad Singh, S/o Late Sheodani Singh
2. Sanju Kumar @ Sanjeet kumar @ Sanju Singh, S/o Chandra Bhushan Prasad Singh
3. Sanjay Singh @ Sanjay Kumar, S/o Binod Sinha
4. Pawan Kumar, S/o Anugrah Prasad Singh
5. Bholi Singh @ Dinesh Kumar, S/.o Alakhdeo Singh All resident of village- Pachgawan, P.S.- Akbarpur, District- Nawada (Bihar) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhilesh Dutta Verma, Advocate For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-02-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 342, 353, 307 of the Indian Penal Code.
The prosecution case is that the First Information Report named accused persons along with 5060 persons blocked the N.H.-31 and were raising slogan
Patna High Court Cr.Misc. No.6611 of 2016 (2) dt.12-02-2016 against the police administration. When L.R.D.C. tried to pacify the mob, they started assaulting, as a result the L.R.D.C. received injury. The petitioners name sprang up on the identification of local Chowkidar.
It is submitted by the learned counsel for the petitioners that accusation is omnibus and general against mob. Chowkidar has filed a petitioner before the learned court below that his thumb impression was taken in the blank paper and he could not identified the accused persons. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. For the occurrence of 01.11.2014 the First Information Report was registered on 04.11.2014 and considering the delayed lodging of the case a Co-ordinate Bench of this Court granted anticipatory bail to Balmiki Singh and Gautam Kumar vide Cr. Misc. No. 47112 of 2014.
Considering the delayed lodging of the case, accusation being levelled against the mob and similarly situated co-accused have been granted anticipatory bail, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No.
Patna High Court Cr.Misc. No.6611 of 2016 (2) dt.12-02-2016 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T