Abhisek Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74965 of 2022 Arising Out of PS. Case No.-277 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== ABHISEK RANJAN Son of Sant Lal Singh Resident of Village- Bajitpur Mathiya, P.S.- Karpi, District- Arwal at Present Mukhiya of the Gram Panchayat Rohai, District- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused petitioner is named in F.I.R and apprehending his arrest in connection with Arwal P. S. Case No. 277 of 2022 registered for the offences punishable under Sections147, 148, 149, 353, 323, 324, 307, 337, 338, 427, 188 and 151 of the Indian Penal Code and Section 3/4 Prevention of Damage to Public Property Act.
The allegation against the petitioner is to damage the government property including vehicles and also of pelting stones on police personnels, while lodging protest against Agniveer Scheme of recruitment as announced by the
Patna High Court CR. MISC. No.74965 of 2022(2) dt.03-05-2023 2/3 Government of India, along with 27 named and 175 unknown co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that allegation is very much general and omnibus where petitioner appears only part of mob. It is submitted that at the relevant time, on the date of occurrence petitioner was on way of Patna for his personal work and as he arrived so near to mob protesting the agniveer scheme, he was named with other co-accused persons for the reason that his mother is Mukhiya of Rohai Gram Panchayat, where he is a known face of the locality. It is further submitted that injury as alleged to be received by police personnels are simple and not suggesting on its face that same is sufficient to cause death in ordinary course of nature. While concluding the argument, it is submitted that petitioner found involved in 5 criminal cases, where he is on bail and out of said suspicion also he was implicated with present FIR. Learned APP for the State opposes the prayer of anticipatory bail.
Considering the aforesaid facts and circumstances and by taking note of nature of allegation, which is appearing very much general and omnibus and suggesting that petitioner was part of mob only, let above named petitioner without specifying
Patna High Court CR. MISC. No.74965 of 2022(2) dt.03-05-2023 3/3 any overt act, accordingly in the event of his arrest or surrender before learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal/concerned Court, in connection with Arwal P. S. Case No. 277 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) R.S.Sen/- U T