Santosh Kumar Ojha @ Santosh Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60124 of 2017 Arising Out of PS. Case No.-4 Year-2017 Thana- SAHAJITPUR District- Saran ====================================================== Santosh Kumar Ojha @ Santosh Ojha, Son of Shri Virendra Ojha @ Virendra Kumar Ojha, R/o- Village-Manopali, P.O.+P.S.-Sahajitpur, District-Saran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shashi Shekhar Tiwary For the Opposite Party/s :

Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 427 and 504 of the IPC.

The prosecution case, as per the written report of the A.S.I., Sahajitpur Police Station is to the effect that on 31.01.2017, the police went to investigate a criminal case, in the meantime, 12 FIR named and 20-25 unknown persons surrounded the police, abused, assaulted and tried to snatch the arms from the police, as a result of which, some of the police personnel received injuries.

It is submitted by learned counsel for the petitioner that the accusation against the petitioner is omnibus and general and the police lodged the case maliciously since the public was

Patna High Court Cr.Misc. No.60124 of 2017(2) dt.13-12-2017 2/2 protesting against the inaction of the police. Moreover, other similarly situated accused Mantu Ojha and others have been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court, vide Cr. Misc. no. 28596 of 2017. A statement has been made in paragraph no.3 of the petition, that the petitioner is not having any criminal antecedent.

Considering the nature of accusation against a mob in general, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saran at Chapra in connection with Sahajitpur P.S. Case No. 04 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T