Patna High Court
Raju Singh @ Raju Kumar vs The State Of Bihar on 20 May, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34007 of 2020
Arising Out of PS. Case No.-93 Year-2020 Thana- BIHTA District- Patna
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Raju Singh @ Raju Kumar, S/o Sri Suresh Singh, male aged about 34 years,
R/o Village- Neuri, P.S.- Bihta (Neora O.P.), District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Pushpendra Priyedarshi, Advocate
For the State : Ms. Sharda Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 20-05-2021
The matter has been heard via video conferencing.
2. Heard Mr. Pushpendra Priyedarshi, learned counsel
for the petitioner and Ms. Sharda Kumari, learned Additional
Public Prosecutor (hereinafter referred to as the 'APP') for the
State.
3. The petitioner apprehends arrest in connection with
Bihta (Neora) PS Case No. 93 of 2020 dated 01.02.2020,
instituted under Sections 147, 148, 149, 341, 323, 379, 427, 436,
307, 504, 506 of the Indian Penal Code.
4. The prosecution case is that on the date of
occurrence, a mob of about 35 named persons, including the
petitioner, and 20-25 unknown persons came, which was led by
co-accused Ravindra Kumar Raj alias Timal Singh variously
Patna High Court CR. MISC. No.34007 of 2020 dt.20-05-2021
armed and co-accused Timal, Gautam and Shipul were carrying
gun and they had entered into the shop of the informant with
gun and Timal had threatened to kill the informant at point of
gun forcing the informant and his son to sit down whereafter
Gautam exhorted for putting the shop on fire upon which Shipul
and Mantosh sprinkled oil and lit fire leading to the shop being
burnt causing damage to various, articles including vehicles.
5. Learned counsel for the petitioner submitted that
against him there is no specific allegation of any overt act. It
was submitted that he has been falsely implicated for the reason
that the informant was in illegal possession of 2.18 acres of
government land and on a petition given by the villagers,
including the petitioner, an encroachment proceeding was
started against the informant and in order to seek vengeance and
put pressure on the villagers, all the persons, who were
signatories to the application with regard to the informant
having grabbed the government land, have been made accused.
Learned counsel submitted that the petitioner is suffering from
various disease like cervical spondylitis, bone TB and eye
problem and is undergoing treatment at various places in Patna,
Delhi and Chandigarh. It was further submitted that local people
have also filed a writ petition seeking removal of the
Patna High Court CR. MISC. No.34007 of 2020 dt.20-05-2021
encroachment as it has stopped water flow in area. Learned
counsel submitted that similarly situated co-accused, Kesri
Singh @ Ram Kishore Sharma and Chandan Kumar @ Chandan
Singh have been granted anticipatory bail by a co-ordinate
Bench by order dated 09.03.2021 in Cr. Misc. No. 34396 of
2020. It was submitted that the petitioner has no criminal
antecedent. It was submitted that neither any details of any
vehicle burnt, like registration number, etc., has been given in
the FIR nor the police have recovered any such article which is
alleged to have been burnt.
6. Learned APP, from the case diary, submitted that
the witnesses have supported the prosecution case.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 25,000/- (twenty five thousand)
with two sureties of the like amount each to the satisfaction of
the learned ACJM, Danapur, Patna, in Bihta (Neora) PS Case
No. 93 of 2020, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 and further (i)
that one of the bailors shall be a close relative of the petitioner,
Patna High Court CR. MISC. No.34007 of 2020 dt.20-05-2021
and (ii) that the petitioner shall cooperate with the Court and the
police/prosecution. Failure to cooperate shall lead to
cancellation of his bail bonds.
8. It shall also be open for the prosecution to bring
any violation of the foregoing conditions of bail by the
petitioner, to the notice of the Court concerned, which shall take
immediate action on the same after giving opportunity of
hearing to the petitioner.
9. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
