Naveen Kumar Singh @ Navin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57700 of 2024 Arising Out of PS. Case No.-65 Year-2020 Thana- MARANCHI District- Patna ====================================================== 1.

Naveen Kumar Singh @ Navin Singh son of Late Bhola Singh VillageRamdiri Ps- Matihani Dist- Begusarai 2.

Rakesh Kumar @ Vipul Kumar @ Tentu Singh son of Munna Singh VillageRamdiri Ps- Matihani Dist- Begusarai 3.

Ranjit Singh son of Dina Singh Village- Ramdiri Ps- Matihani DistBegusarai 4.

Pankaj singh @ Pankaj Kumar son of Anand Singh Village- Ramdiri PsMatihani Dist- Begusarai 5.

Ashutosh Singh @ Ashutosh Kumar son of Rambalak Singh VillageRamdiri Ps- Matihani Dist- Begusarai 6.

Jawahar Singh @ Jawahar Kumar son of Late Rambalak Singh VillageRamdiri Ps- Matihani Dist- Begusarai 7.

Gopal Singh son of Late Ganesh Singh Village- Ramdiri Ps- Matihani DistBegusarai 8.

Dheeraj Singh @ Dheeraj Kumar Son of Late Hardev Singh VillageRamdiri Ps- Matihani Dist- Begusarai 9.

Durgesh Nandan Singh @ Durgesh Singh son of Late Dinesh Prasad Singh Village- Ramdiri Ps- Matihani Dist- Begusarai 10.

Vijay singh son of Ram Chandra Singh Village- Ramdiri Ps- Matihani DistBegusarai 11.

Pappu Singh @ Hemant Kumar son of Late Shyamnandan Singh VillageRamdiri Ps- Matihani Dist- Begusarai 12.

Dinesh Singh son of Kedar Singh Village- Ramdiri Ps- Matihani DistBegusarai 13.

Pramod Singh son of Late Satyug Singh Village- Ramdiri Ps- Matihani DistBegusarai 14.

Kheladi Singh son of Nageshwar Singh Village- Ramdiri Ps- Matihani DistBegusarai 15.

Kundan Singh son of Lalit Kumar Singh Village- Ramdiri Ps- Matihani DistBegusarai 16.

Kanhaiya Singh son of Narsingh Prasad Singh Village- Ramdiri PsMatihani Dist- Begusarai 17.

Pankaj Singh son of Pramod Singh Village- Ramdiri Ps- Matihani DistBegusarai 18.

Bambam Singh son of Raj Kishor Singh Village- Ramdiri Ps- Matihani DistBegusarai 19.

Pampam Singh son of Pramod Singh Bihar 20.

Alok Singh son of Ramanand Singh Village- Ramdiri Ps- Matihani DistBegusarai

2/5 21.

Tutu Singh @ Kumar Ratnesh son of Janardan Singh Village- Ramdiri PsMatihani Dist- Begusarai 22.

Bottle Singh son of Nagendra singh Village- Ramdiri Ps- Matihani DistBegusarai 23.

Gopal Singh son of Ganga Prasad Singh Village- Ramdiri Ps- Matihani DistBegusarai 24.

Alok Singh son of Ram Naresh Singh Village- Ramdiri Ps- Matihani DistBegusarai 25.

Manoj Singh son of Dasrath Singh Village- Ramdiri Ps- Matihani DistBegusarai 26.

Bambam Singh @ Bambam Kumar son of Padarath Singh Village- Ramdiri Ps- Matihani Dist- Begusarai 27.

Raja Singh @ Keshav Kumar son of Nageshwar Singh Village- Ramdiri PsMatihani Dist- Begusarai 28.

Kasi Singh @ Ram Nihora Singh @ Kari Singh son of Late Bhagwan Singh Village- Ramdiri Ps- Matihani Dist- Begusarai 29.

Ajay Singh son of Ram Khelawan Singh Village- Ramdiri Ps- Matihani Dist- Begusarai 30.

Manoj Singh @ Manoj Kumar son of Shatrughan Singh Village- Ramdiri Ps- Matihani Dist- Begusarai 31.

Anil Singh son of Kedar Singh Village- Ramdiri Ps- Matihani DistBegusarai 32.

Amresh Ray son of Bahor Ray Village- Ramdiri Ps- Matihani DistBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Sameer For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-10-2024 Learned counsel for the petitioners is permitted to make necessary correction in the cause title at serial no. 28 in the bail petition during the course of the day.

2. Heard learned counsel for the petitioners and

3/5 learned A.P.P. for the State.

3. The petitioners are apprehending their arrest in connection with Maranchi P.S. Case No. 65 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323,307, 337, 338, 353, 427, 325, 435, 436, 379, 385, 386, 387, 504, 506, 120B, 188, 269, 270/34 of IPC and Section 3 of Epidemic Disease Act 1987.

4. As per prosecution case, 290 acres of land was acquired and given by the State Government for construction of S. Dike of N.T.P.C for which police force was deputed for peaceful construction. On 30.05.2020, the men of N.T.P.C was doing the work, at that time, at about 11.00 A.M., 100 persons of village-Ramdiri and Jagatpura came there and tried to stop the work and started throwing stone upon the police force. The police personnel tried to stop them but they attacked on them with lathi, danda and Iron rod, as a result of which, informant, informant's driver Subhash Singh and other police personnel became injured. On information, higher police officials also came there but villagers also attacked on them. Several persons who were working there also became injured in the said occurrence. The villagers also damaged two Poklane, two J.C.B., three Tractor and informant's vehicle. They put fire in

4/5 the Bentonight which was kept under Tripal. After some time, the officials tried to pacify the matter but the mob was regularly throwing the stones. With the help of officer-in-charge of Matihani police station and local chowkidar , 43 persons were identified who had participated in the said occurrence. Petitioners were also participated in the alleged occurrence. It is further stated that apart from 43 named persons, 150 unknown male and female had also participated in the said occurrence.

5. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioners bear no criminal antecedent. He further submits that petitioners are merely a member of mob. There is no specific allegation against the petitioners rather the same is general and omnibus in nature. He further submits that coaccused, Dilip Yadav, has already been granted anticipatory bail vide Cr. Misc. No. 59619 of 2022 by the co-ordinate Bench of this Court and the case of present petitioners stands on similar footing.

6. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the facts and circumstances of the

5/5 case, keeping in view clean antecedent of the petitioners,coaccused has already been granted anticipatory bail by coordinate Bench of this Court, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. Barh, Patna in connection with Maranchi P.S. Case No. 65 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The application stands allowed.

(Alok Kumar Pandey, J) vashudha/- U T