Bikku Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84919 of 2019 Arising Out of PS. Case No.-189 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== 1.

BIKKU SINGH Son of Late Naresh Singh Resident of Village - Bhadokhara, P.S.- Mufassil, Distt.- Nawada.

2.

Pappu Singh Son of Late Shanichar Singh Resident of Village - Bhadokhara, P.S.- Mufassil, Distt.- Nawada.

3.

Basren Singh Son of Late Suri Singh Resident of Village - Bhadokhara, P.S.- Mufassil, Distt.- Nawada.

4.

Dhananjay Singh Son of Lakhan Singh Resident of Village - Bhadokhara, P.S.- Mufassil, Distt.- Nawada.

5.

Subodh Rabbani Son of Late Baldeo Singh Resident of Village - Bhadokhara, P.S.- Mufassil, Distt.- Nawada.

6.

Pankaj Singh Son of Nago Singh Resident of Village - Bhadokhara, P.S.- Mufassil, Distt.- Nawada.

7.

Nabo Singh Son of Shiya Singh Resident of Village - Bhadokhara, P.S.- Mufassil, Distt.- Nawada.

8.

Ashok Singh Son of Shuru Singh Resident of Village - Bhadokhara, P.S.- Mufassil, Distt.- Nawada.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Hansraj, Advocate For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners in this case are seeking anticipatory bail in connection with Mufassil P.S. Case No. 189 of 2019 registered for the offences punishable under Sections 143, 188, 353, 341, 283, 332 of the Indian Penal Code.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.84919 of 2019(2) dt.09-01-2020 2/3 present FIR has been lodged against 24 named and 100-150 unknown persons. It is submitted that the local people assembled and blocked the National Highway No. 31 in protest of non-recovery of Raju Ranjan Singh. It is submitted that though the petitioner is named in the FIR but there is no allegation of damage of any public property or anybody was injured.

Learned APP though opposed the prayer of anticipatory bail but accepted that no public property was damaged and nobody was injured.

Considering the facts and circumstances of the case wherein it is the submission of the petitioner that as per prosecution story 100-150 unknown had assembled and blocked the National Highway No. 31 in protest against non-recovery of one Raju Ranjan Singh, although the petitioner has been named in the FIR but there is no allegation that any public property was damaged or anybody was injured therein, not having been controverted on behalf of the State, let the petitioners above named, in case of their arrest or surrender within a period of four weeks from today in connection with Mufassil P.S. Case No. 189 of 2019 be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the

Patna High Court CR. MISC. No.84919 of 2019(2) dt.09-01-2020 3/3 like amount each to the satisfaction of learned C.J.M., Nawada, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T