Patna High CourtCR. MISC./3812/2016bail granted

Dadan Thakur v. The State Of Bihar

2016-01-25Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3812 of 2016 Arising Out of PS.Case No. -57 Year- 2014 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dadan Thakur son of Gopal Thakur resident of village - Manglapur, Tathaiya P.S. - Sangrampur, Dist - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Smt.Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 25-01-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 332, 307, 353, 427, 120B, 337 of the Indian Penal Code and 3 of the Prevention of Damage to Public Property Act. The prosecution case is that on receiving information that one woman was being assaulted treating her to be a witch the police reached to the place of occurrence then the accused persons pelted stones and damaged the police jeep. It is alleged against the petitioner and others that they instigated the mob to pelt stones.

Patna High Court Cr.Misc. No.3812 of 2016 (2) dt.25-01-2016 2/2 It is submitted by learned counsel for the petitioner that the accusation is omnibus and general against mob when the FIR was registered on 05.06.2014 at 2.00 P.M. which reached to the learned court below on 07.06.2014 which suggests that the FIR has been registered antedating. Considering the accusation against the mob and a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of his arrest or 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 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Sangrampur P.S. Case No. 57 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T