Sanju Rai @ Sanju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60140 of 2021 Arising Out of PS. Case No.-244 Year-2014 Thana- KANKARBAG District- Patna ====================================================== 1.
SANJU RAI @ SANJU KUMAR S/O LATE LALA RAI R/o MohallaAshoknagar, P.S.- Kankarbag, District- Patna 2.
Manju Rai @ Manju Kumar Rai S/o Late Lala Rai R/o MohallaAshoknagar, P.S.- Kankarbag, District- Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2022 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. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioners and the State through virtual mode.
The petitioners are apprehending their arrest in Kankarbagh P.S. Case No. 244 of 2014 registered under Sections 147, 148, 149, 341, 342, 323, 307, 379, 353, 337, 338,
Patna High Court CR. MISC. No.60140 of 2021(2) dt.11-01-2022 2/3 435, 427, 504 & 506 of the Indian Penal Code and 27 of the Arms Act.
Allegedly, in a road accident, one person died near Shivam Convent School, Kankarbagh. The mob became violent and pelted pebbles on police. Firing was also made due to which, police sustained injury. Wireless set is said to have been stolen. It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. As per prosecution case, a road accident had taken place in which, one persons is said to have died. The local residents protested against the said accident and for the said reason, a scuffle took place between the local resident and the police. Altogether 87 persons along with 500-700 unknown persons have been made accused in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. On behalf of the State, it is submitted that the petitioners are 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
Patna High Court CR. MISC. No.60140 of 2021(2) dt.11-01-2022 3/3 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 covid cases.
Considering the aforesaid facts and circumstances of the case, the petitioners, 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 their personal bonds to the satisfaction of learned Judicial Magistrate-Ist Class, Patna in connection with Kankarbagh P.S. Case No. 244 of 2014 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners 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) A.K.V.//- U T