Rajan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62833 of 2019 Arising Out of PS. Case No.-375 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== RAJAN SINGH Son of Om Prakash Singh Resident of Village- Bhagvatpur, Bhaluahiya, P.S.- Sikarganj, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Madhura Nand Jha, the learned APP appearing for the State. The petitioner apprehends his arrest in connection with Chiraiya P.S. Case No. 375 of 2019, for the offence punishable under Sections 307, 379, 504, 506 and other allied sections of the Indian Penal Code.

The allegation is regarding a huge mob of persons, armed with lathi, danda etc., had blocked the road in question by keeping logs of tree, fire wood chowki, bench etc. and when the informant Circle Officer, Chiraiya, had asked the members of

Patna High Court CR. MISC. No.62833 of 2019(3) dt.12-06-2020 2/3 the mob as to why they had blocked the road, they had stated that till the day the Ruphara Panchayat is not declared a flood affected area, they would keep the road blocked. It is further alleged that the police had arrived at the place of occurrence and tried to control the situation, but the members of the mob became angry and started assaulting the informant and the police party as also the mob had engaged in pelting stones. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that no specific allegation of any sort of overt act has been levelled against the petitioner herein. The learned A.P.P.

appearing for the State has vehemently opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that there is no allegation of any sort of specific overt act qua the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the

Patna High Court CR. MISC. No.62833 of 2019(3) dt.12-06-2020 3/3 petitioner, above named, is directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Sikrahana at Dhaka, East Champaran at Motihari in connection with Chiraiya P.S. Case No. 375 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Tiwary/- U T