Criminal Miscellaneous petition seeking anticipatory bail in a case involving raising anti-Muslim slogans, ransacking a mosque, and damaging property. The High Court of Patna, observing that the nature of allegations was grave and law-and-order issues involved, rejected the prayer.
The prayer for grant of anticipatory bail was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.53962 of 2016
Arising Out of PS.Case No. -120 Year- 2016 Thana -BHELDI District- SARAN
====================================================== 1. Rajesh Sah Son of Shankar Sah@Sheo Shankar Rai Resident of Village: Katsa, P.S. Beldi, District: Saran at Chapra.
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Akhileshwar Pandey For the Opposite Party/s : Mr. Rajballabh Singh (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 21-12-2016 Heard the Counsel for the petitioners and the APP for the
State.
Petitioners pray for grant of anticipatory bail in Bheldi P.S. Case No. 120 of 2016 registered under Sections 147, 148, 149, 427, 336,448, 353, 379, 153(A), 295, 295(A), 504 and 506 of the Indian Penal Code.
In substance, the allegation is that the petitioners formed a group raised anti-muslim slogan and ransacked the mosque and Urdu school and caused damage of the property.
Contention of the petitioners is that the allegations are general and omnibus. Actually, the school building was converted into the mosque which was protested.
Learned APP, on the other hand, submits that by the
Patna High Court Cr.Misc. No.53962 of 2016 (2) dt.21-12-2016
2/2
misdeeds of the petitioners, a grave situation had emerged. They
took law and order into their hand.
Looking to the nature of allegation, I am not inclined to
privilege the petitioners with anticipatory bail. Prayer is rejected.
(Kishore Kumar Mandal, J)
Pankaj/-
U T
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in a case involving antisocial slogans and property damage.
Rajesh Sah
Bipin Sah
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
