Shishupal Singh @ Supaul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86804 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- SALIMPUR District- Patna ====================================================== Shishupal Singh @ Supaul Singh Son of Braj Ballabh Singh Resident of Village- Samtpur, P.S.- Salimpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 332, 333, 336, 379, 353, 427 and 504/34 of the IPC. The prosecution case, as per the written report of Ashok Kumar Singh, being the Circle Officer, submitted to the Station House Officer, Salimpur Police Station, is to the effect that on 21.07.2019 at about 11 A.M., the informant received an information that one person while taking bath in the river Ganja, has got drowned, thereafter, his dead body was recovered. Subsequently, in protest 21 FIR named accused persons including the petitioner and 158 unknown persons blocked the road and made attempt on the life of the police personnel. All the accused persons also snatched a mobile phone of the S.I. of

Patna High Court CR. MISC. No.86804 of 2019(2) dt.24-02-2020 2/3 Police.

It is submitted by learned counsel for the petitioner that accusation is omnibus and general against the mob. The public was making protest against the inaction of the police and the police in order to save its own skin, lodged the present case. It is further submitted that similarly situated co-accused, Chandraketu Singh has been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court vide order dated 20.11.2019, passed in Cr. Misc. No. 73853 of 2019. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the general and omnibus accusation being levelled against the mob and similarly situated co-accused person being granted privilege of anticipatory bail by a coordinate Bench of this Court, coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to

Patna High Court CR. MISC. No.86804 of 2019(2) dt.24-02-2020 3/3 the satisfaction of learned J.M., Barh, District-Patna in connection with Salimpur P.S. Case No. 147 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T