Mahatam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49816 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== Mahatam Singh Son of Budhram Singh Resident of Village- Matiyariya, Sareya Khurd, Nankar, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Tandon, Advocate For the Opposite Party/s :

Mr. Anand Kishore Chaudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 107 of 2021 instituted for the offences under Sections 147, 148, 149,109, 120B, 151, 152, 186, 341, 323, 324, 307, 353, 332, 333, 431, 427, 435, 337, 504 and 506 of the Indian Penal Code read with Section 27 of the Arms Act and Sections 3 and 4 of the Damage to Public Property Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 04.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that he received secret information that PACS Chairman has been shot dead and the murderer has been caught by the villagers and they are assaulting him badly, upon which the

Patna High Court CR. MISC. No.49816 of 2021(2) dt.29-01-2022 2/2 informant along with other police officials reached there to pacify the mob but mob started assaulting police party with lathi, danda, bricks, bat etc. and accordingly the present F.I.R. came to be instituted against 166 named accused persons and 800 unknown alleging that they disturbed public peace, tranquility and property for hours.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and there is no specific allegation against the petitioner rather the allegations are general and omnibus in nature.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 04.06.2021, charge-sheet has been submitted in the case, petitioner is a person with clean antecedent and the allegations are general and omnibus in nature, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Harsidhi P.S. Case No. 107 of 2021. (Satyavrat Verma, J) Rishi/- U T