Shakaldeo Singh @ Sakal Deo Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30625 of 2018 Arising Out of PS. Case No.-197 Year-2017 Thana- NAWADA District- Nawada ====================================================== Shakaldeo Singh @ Sakal Deo Singh, son of late Baleshwar Singh, resident of Village-Asharhi, P.S.-Town (Nawada), District-Nawada. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Adv.
For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-05-2018 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 147/148/149/295/295A/298 of the Indian Penal Code. The prosecution case got initiated on the basis of written report dated 04.04.2017 submitted by Inspector of Police -cumSHO, Nagar Police Station, Nawada to the Chief Judicial Magistrate, Nawada to the effect that on 04.04.2017, at 7.30 A.M., the informant received an information that some antisocial elements have torn the poster of God Sri Ram, near the Sambhawana Chowk. In protest, the people torn the Hindu community blocked the road. On receiving such information when the informant reached the spot and tried to pacify the
Patna High Court Cr.Misc. No.30625 of 2018(2) dt.17-05-2018 2/3 matter, he came to know that the mob has damaged the nearby 'Mazar'. On secret information, the informant came to know that the 'Mazar' was demolished by co-accused Raja Bajrangi, Shakaldeo Singh @ Sakal Deo Singh (the petitioner), Chintu, Chirkut and Kailu Singh along with 15-20 unknown persons. It is submitted by learned counsel for the petitioner that the accusation has been levelled merely on suspicion. Moreover, for the occurrence of 04.04.2017, though the FIR was registered on the same day, i.e., but it reached to the Court of learned CJM, Nawada on 08.04.2017, which clouds the bona fide of the accusation. 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 there is specific accusation against the petitioner, who is named in the FIR.
Considering the nature of accusation based on suspicion, 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
Patna High Court Cr.Misc. No.30625 of 2018(2) dt.17-05-2018 3/3 like amount each to the satisfaction of the learned CJM, Nawada, in connection with Nawada (Town) P.S. Case No.197/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
However, the learned Court below would be at liberty to cancel the bail bonds of the petitioner positively, if he gets involved in similar nature of incident.
(Dinesh Kumar Singh, J) Ashwini/- U T