Chandan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78436 of 2024 Arising Out of PS. Case No.-87 Year-2024 Thana- SINDHIYA District- Samastipur ====================================================== 1.
Chandan Singh Son of Raman Singh Resident of at - at and P.O.- Singhia, (Ward No. 7), P.S.- Singhia, Samastipur 2.
Suman Prasad Singh @ Suman Kumar Singh Son of Late Randheer Kumar Singh Resident of at - at and P.O.- Singhia, (Ward No. 7), P.S.- Singhia, Samastipur 3.
Sonu Kumar Singh @ Sonu Singh Son of Pawan Singh Resident of at - at and P.O.- Singhia, (Ward No. 7), P.S.- Singhia, Samastipur 4.
Ratan Kumar Singh @ Ratan Singh Son of Late Randhir Kumar Singh Resident of at - at and P.O.- Singhia, (Ward No. 7), P.S.- Singhia, Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarendra Narayan, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2024 1.
Heard learned Counsel for the petitioners and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Singhia PS case no. 87 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.
3.
The prosecution story, as per the First Information Report, is that on 26.04.2024 at about 17.30 hours, while the informant along with police personnel was engaged in official duty at Singhia Police Station, one person came and started
Patna High Court CR. MISC. No.78436 of 2024(2) dt.04-12-2024 2/3 shouting slogans against police. He disclosed that he is the uncle of Monu Singh, who is arrested accused of Singhia PS Case No. 80 of 2024 and died while in custody. Again, at about 20.15 hours, 15-20 persons arrived at the gate of police station and shouted slogans against police administration. They also assaulted police personnel and tried to damage the police station.
4.
Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case and no overt act has been alleged against any of the petitioners. Learned counsel further submits that no specific allegation is attributed to the petitioners rather the allegation is general and omnibus against 05 named and 15-20 unknown persons. Learned counsel also submits that the mob became violent on the point that deceased Monu Singh was brutally tortured and assaulted by police personnel in custody, due to which, the present occurrence took place.
5.
I have heard learned counsel for the parties and perused the materials on record.
6.
From perusal of the record, it is evident that the petitioners are named in the F.I.R. with allegation that they along with the co-accused person and 15-20 unknown persons
Patna High Court CR. MISC. No.78436 of 2024(2) dt.04-12-2024 3/3 assaulted the police party at the police station itself and obstructed the Government servants in discharging their official duty. The learned Additional Sessions Judge-I, Rosera, Samatipur, while refusing the prayer for anticipatory bail, has recorded that there is direct allegation against the petitioners of assaulting the police personnel. The petitioners along with the co-accused person created unruly scene when the police party was engaged in discharging their official duty at police station. An attack on police team while on official duty undermines the safety and security of law enforcement agency. Incidents of mob violence against law enforcement agency have become order of the day now in this State which can be very dangerous, often escalating tensions and compromising public safety. 7.
Accordingly, I am not inclined to grant the petitioner the privilege of anticipatory bail. 8.
The prayer for grant of anticipatory bail to the petitioners is, accordingly, rejected.
(Anil Kumar Sinha, J) rinkee/- U T