Tota Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45012 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- POTHIYA District- Kishanganj ====================================================== TOTA SINGH Son of Late Ramdas Singh Resident of Village - Jalalpur, Rajbanshi Tola, P.S.- Pothia, Dist.- Kishanganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kumar For the Opposite Party/s :
Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-07-2019 The petitioner apprehends his arrest in connection with Pothia P.S.Case No. 48 of 2019 registered under Section 295 of the Indian Penal Code.
Allegation against the petitioner, as per FIR, is that on the night of Shiv Ratri, while informant was on patrolling duty, he got information that one Tota Singh i.e., petitioner, has damaged the statue of Maa Kali Goddess.
Learned counsel for the petitioner submits that from perusal of FIR, it is evident that damage to the statue was caused while offering Pooja by the petitioner inadvertently and he has not committed any offence in the manner alleged deliberately.
After having heard learned counsel for the parties and taking into consideration the fact that damage to the statue has been caused by mistake during the course of offering Pooja by
Patna High Court CR. MISC. No.45012 of 2019(2) dt.22-07-2019 2/2 the petitioner, accordingly, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Kishanganj in connection with Pothia P.S.Case No. 48 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) sujit/- U T