Nagina Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60789 of 2019 Arising Out of PS. Case No.-220 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
NAGINA SINGH Son of Late Ghaman Singh 2.
Raju Kumar Singh @ Raju Singh @ Bullet Son of Nagina Singh 3.
Nipu Kumar Singh @ Nippu Kumar Son of Lal Kishor Singh 4.
Azad Gaddi @ Azad Alam @ Ajad Gaddi Son of Saleem Gadi 5.
Mannu Gadi @ Sarfuddin Gaddi @ Mannu Singh Son of Mahnth Gadi 6.
Israj Gadi @ Ishraj Gaddi Son of Late Tapeshwar Gadi 7.
Mozahir Gaddi @ Mojahir Gaddi @ Mojahid Gadi Son of Late Ganesh Gadi both Resident of Ward No. 04, Chaita, Chailabhar, P.S. - Majhaulia, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyavrat Verma For the Opposite Party/s :
Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-09-2019 The petitioners apprehend their arrest in connection with Majhaulia P. S. Case No. 220 of 2019 registered under Sections 147, 148, 149, 151, 152, 153A, 295A, 307, 323, 324, 325, 337, 338, 341 and 353 of the Indian Penal Code.
Allegation against the petitioners is that the police got secret information that two groups of community were pelting stones upon each other on a trivial issue, arrived at the concerned village and tried to pacify the matter but the accused persons attacked on the police party and created hindrance in
Patna High Court CR. MISC. No.60789 of 2019(2) dt.25-09-2019 2/3 discharge of public duty by the police officials and the names of the petitioners have been disclosed by the village Chaukidar along with 100 unknown persons from the side of one community and 100 unknown persons from the side of another community.
Learned counsel appearing on behalf of the petitioners submits that petitioners have got no criminal antecedents and they have falsely been implicated due to politics inasmuch as present FIR has been lodged at the behest of the present minister of Government of Bihar inasmuch as entire village of the petitioners did not vote for ruling party. Learned counsel further submits that persons from both community are petitioners in this case and they have not committed any offence in the manner alleged inasmuch as no person from the side of the police party has received any injury.
Having regard to the submissions made by the parties and taking into consideration the fact that petitioners have got no criminal antecedents and no police personnel have received any injury, as such I am inclined to grant anticipatory bail to the petitioners.
Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks
Patna High Court CR. MISC. No.60789 of 2019(2) dt.25-09-2019 3/3 from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah, West Champaran in connection with Majhaulia P.S.Case No. 220 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T