Justice Anil Kumar Sinha granted anticipatory bail to three trainee constables in a case alleging death of a colleague and unlawful assembly. The court noted no specific allegations against them and they were already discharged from service.
Granted anticipatory bail to be released on furnishing bail bonds of Rs. 10,000/- each with two sureties if arrested.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10600 of 2020
Arising Out of PS. Case No.-435 Year-2018 Thana- BUDDHACOLONY District- Patna
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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ansul For the Opposite Party/s : Mr. A. L. Pandit ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 25-06-2020
Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor representing the State, through Video Conferencing.
This application, for grant of anticipatory bail, arises out of Budha Colony Police Station Case No. 435 of 2018, disclosing offences under Sections 147/148/149/188/341/323/ 325/332/333/337/338/353/427/449/450/451/452/461/120-B of the Indian Penal Code and Section 3/4 of the Damage to Public Property Act.
The allegation against the petitioners is that on the date of occurrence, i.e. on 02.11.2018, one trainee constable, namely, Sabita Kumari Pathak died during treatment in the
Patna High Court CR. MISC. No.10600 of 2020(2) dt.25-06-2020 2/3
hospital. On this issue, the male and female trainee constables ransacked the property of the police line and also assaulted higher police officials and destroyed important documents.
Learned Counsel for the petitioners submits that altogether 167 named and 300-350 unnamed persons have been made accused in the First Information Report. He further submits that no specific allegation of vandalism has been alleged against the petitioners and the petitioners have allegedly been identified through CCTV footage. He further submits that the petitioners are also trainee constables and they have been implicated only on the basis of the fact that they were also present near the police line. He next submits that on the basis of CCTV footage, the petitioners have been discharged from their services.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that no specific allegation has been levelled against the petitioners and the petitioners have already been discharged from service, I am inclined to grant the petitioners privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks
Patna High Court CR. MISC. No.10600 of 2020(2) dt.25-06-2020 3/3
from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna, in connection with Buddha Colony Police Station Case No. 435 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
1 issue framed by the court
Whether to grant anticipatory bail to the petitioners in a case alleging offences including murder, assault, and criminal misconduct by police personnel.
1 provisions across 1 enactments
Soni Kumari and Others
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
