Sweta Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55066 of 2019 Arising Out of PS. Case No.-436 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== 1.
Sweta Bharti, Daughter of Sunil Kumar Resident of Village-Khgaur, P.S.- Lakhisarai, Post-Kiul, District-Lakhisarai, Pin-8113102. 2.
Isha Gupta, Daughter of Ranjan Prasad Gupta Resident of Near Devichak, Fatwah (Patna), P.O. and P.S.-Fatwah, District-Patna, Pin-803201. 3.
Sumit Anand, Son of Jagannath Prasad Sharma @ Jagarnath Prasad Mandal Resident of Village-Basgarha, P.O.-Rampur-Khora, P.S.-Udakishunganj, District-Madhepura, Pin-852220.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Rajeev For the Opposite Party/s :
Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.
Petitioners apprehend their arrest in connection with Buddha Colony P.S. Case No.436 of 2018, for the offence punishable under Sections 147, 148, 149, 188, 341, 342, 323, 324, 325, 307, 326, 332, 333, 337, 338, 353, 427, 449, 450, 451, 452, 461, and 120(B) of Indian Penal Code and Section 3⁄4 of Damage to Public Property Act.
The allegation against the petitioners is that as per the First Information Report, petitioners along wither other 167 persons and 300-350 unknown persons started brick batting and
Patna High Court CR. MISC. No.55066 of 2019(2) dt.02-09-2019 2/3 damaged the Government property near the new police line premises and also damaged the police vehicle and vandalized the articles of the office of the DSP and also physically assaulted to Dy. S.P. due to the death of trainee constable during her treatment.
Learned counsel appearing for the petitioners submits that there is general and omnibus allegation against the petitioners inasmuch as from perusal of the First Information Report, altogether 167 persons are named and 300-350 unknown persons allegedly created disturbances near the new police line. Learned counsel further submits that though the petitioners have merely been made accused in this case only because they were also a trainee constable. Learned counsel further submits that the petitioners have already been dismissed from service due to the alleged occurrence and similarly situated accused persons have been granted anticipatory bail by this Court in Cr. Misc. No.46228 of 2019.
After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that there is general and omnibus allegation against the petitioners and further similarly situated persons have been granted bail by this Court, as such, I am inclined to grant anticipatory bail to all these petitioners.
Patna High Court CR. MISC. No.55066 of 2019(2) dt.02-09-2019 3/3 Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge-XVI-cum-ACJM, Patna, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T