Tinku Sah @ Abhay Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71577 of 2018 Arising Out of PS. Case No.-57 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== Tinku Sah @ Abhay Prasad Sah, Son of Nishi Sah, Resident of VillageBirpur, P.S. Moffasil, District- Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nadimul Hasan, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/323/332/337/427/353/504/506 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 13.02.2018 submitted by Shankar Paswan to the Station House Officer, Sadar (Mufassil) Police Station to the effect that on 13.02.2018 one motorcyclists was crushed by a truck, who ultimately succumbed to the injuries in the hospital. In protest to the said incident, the mob blocked the road and

Patna High Court Cr.Misc. No.71577 of 2018(2) dt.19-12-2018 2/3 assaulted the driver, owner of the vehicles and passengers going through the road.

It is submitted by learned counsel for the petitioner that the accusation is against the mob, who were protesting against the inaction of the police, hence, the police in order to save their own skin, hence, lodged the present case. Moreover, similarly situated accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 64006 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioner is named in the FIR.

Considering the accusation against the mob, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea, in connection with Sadar (Mufassil) P.S. Case No.57 of 2018,

Patna High Court Cr.Misc. No.71577 of 2018(2) dt.19-12-2018 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T