Rohit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40148 of 2019 Arising Out of PS. Case No.-215 Year-2018 Thana- MAHNAR District- Vaishali ====================================================== ROHIT SINGH Son of Amarnath Singh Resident of Village-Hasanpur, P.S.- Mahnar, District-Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-07-2019 Heard both sides.

The petitioner apprehends his arrest in Mahnar P.S. case No. 215 of 2018 registered under Section 147, 148, 149, 323, 342, 427, 431, 353, 504, 506 of the IPC and u/s 3 of Damage to Public Property Act.

The informant alleged that a mob of 100-150 persons came to PHC, Mahnar and they set ablaze the furniture of the hospital. It transpired that one Raja Kumar got electrocution and he was brought to the PHC but the doctor declared him dead although Raja Kumar was alive at that time. The mob misbehaved with the doctor. The informant further disclosed that from reliable sources he came to know the names of the members of mob and disclosed the name of petitioner and others.

Patna High Court CR. MISC. No.40148 of 2019(2) dt.01-07-2019 2/2 The learned counsel for the petitioner submits that petitioner was not even member of mob. The informant did not disclose the source of information. None of the witness disclosed the name of the petitioner. Even the doctor did not get any injury. The petitioner is not alleged to have assaulted or abused the doctor.

Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Vaishali at Hajipur in connection with Mahnar P.S. case No. 215 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T