Raushan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52934 of 2016 Arising Out of PS.Case No. -229 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Raushan Kumar Singh, son of Narendra Kumar Singh, Resident of MohallaDihi Kala East, near Railway Gumti, P.S. Sadar, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bela Singh, Adv. For the State : Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-06-2017 Heard learned counsels for the petitioner and learned APP for the State.
The petitioner has renewed the prayer for bail in connection with a case registered for the offences punishable under sections 147, 148, 149, 341, 323, 325, 307, 342, 337, 338, 353, 504, 120B of the Indian Penal Code, Section 27 of the Arms Act and sections 3⁄4 of the Prevention of Damage to Public Property Act.
The prosecution case is that the informant being the Police Officer during patrolling received information that at Block gate some shops have been put on fire. The informant informed the fire brigade people and his senior officers, and
rushed to Block gate and saw a mob protesting against nonarrival of fire brigade. The mob started abusing and assaulting the informant and other police personnel with lathi, danda, bricks and stones, as a result several police personnel received injuries. It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled. The FIR has been lodged against 32 named persons and 200 unknown persons. The accusation is omnibus and general. It is further submitted that earlier anticipatory bail application of the petitioner was disposed of vide order dated 05/09/2016, passed in Criminal Miscellaneous No.35795 of 2016 with a direction to the learned Court below to consider the prayer for bail of the petitioner, if he surrenders before the learned Court below within a period of six weeks.
A co-ordinate Bench of this Court, vide order dated 06/09/2016, passed in Criminal Miscellaneous No.36801 of 2016 granted anticipatory bail to the similarly situated co-accused, though, the petitioner is accused in another case, but he is on bail in the said case. A statement to that effect has been made in paragraph 3 of the petition.
disposal of the application of the petitioner on 06/09/2016, this Court is not inclined to revise the earlier order. However, in view of the fact that twenty co-accused persons have been granted anticipatory bail having similar accusation, it is a case for consideration of prayer for bail, if the petitioner surrenders before the learned Court below within a period of six weeks, in connection with Hajipur Sadar P.S. Case No.229 of 2016, pending before the learned Chief Judicial Magistrate, Vaishali at Hajipur. It is expected from the learned Court below to dispose of the prayer for bail of the petitioner, preferably, on the same day. (Dinesh Kumar Singh, J) Ashwini/- U T