Sagar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70293 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- NASRIGANJ District- Rohtas ====================================================== SAGAR SINGH Son of Late Anand Singh Resident of Village - Hariharganj, P.S.- Nasrignaj, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Narayansingh For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Nasriganj P.S.Case No.180 of 2019 registered for offences punishable under Sections 147, 149, 341, 379, 353, 506 of the Indian Penal Code.
As per FIR the Circle Officer (informant) was while inspecting one tractor loaded with sand, 20-25 persons came in the leadership of the petitioner and unloaded the tractor and get this tractor freed. It is also alleged that the petitioner misbehaved with the informant and also tried to damage the vehicle of the informant. It further appears that videography of the of the occurrence was also made.
Submission of the learned counsel for the petitioner is that no case is made out under Section 379 of the IPC and even
Patna High Court CR. MISC. No.70293 of 2019(2) dt.07-11-2019 2/2 no case is made out under Sectin 353 of the IPC as the misbehave is vague terms.
Heard learned A.P.P. , who has opposed the prayer for bail on the ground that there is specific allegation against the petitioner that he came along with other persons and got the tractor freed from the custody of the informant, as such he is not entitled for anticipatory bail..
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below and if possible to the disposed of on the same day..
With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T