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Judgment
The lawyers have no objection with regard to the proceeding, which has been held through video conferencing today at 11.00 A.M. They have no complaint in respect to the audio and video clarity and quality.
Learned counsel for the petitioner prays to ignore the defect and take up the matter on merits.
Defects stand ignored for the present.
Heard learned counsel appearing for the petitioner and learned counsel for the State, who opposes the prayer for anticipatory bail.
The petitioner is apprehending his arrest for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 324, 337, 338, 379, 511, 504, 353 of the Indian Penal Code, in connection with Mandu (W.B.) P.S. Case No. 237/2010 (G.R. No. 3222/2010), pending in the court of ACJM, Ramgarh.
Counsel for the petitioner submits that the petitioner is a rustic villager. He submits that the allegation is against 500-600 villagers and there is nothing against this petitioner. He submits that nothing has been recovered from the possession of this petitioner. He submits that there is no allegation that this petitioner has snatched any weapon from the police personnel. He further submits that similarly situated co-accused has already been granted anticipatory bail by a Coordinate Bench of this Court.
This is a case where the petitioner, who is a named accused, alongwith with other villagers attacked the police personnel in the police station and tried to enter into the police station by assaulting the police personnel in which firing has also taken place. Further allegation is that they also tried to snatch the arms from the police personnel.
Petitioner is named in the FIR. Though the co-accused has been granted anticipatory bail by a coordinate Bench of this Court but I find that no ground or reason has been mentioned as to why the bail has been granted. Not even the case has been considered. So this court is no in a position to consider the said order.
Since the petitioner is named in the FIR and there is allegation against him that he along with others have tried to enter the police station by force and tried to snatch the arms, I find that this is not a fit case where anticipatory bail is to be granted to this petitioner. Accordingly, his prayer for anticipatory bail is hereby rejected.
Petitioner is directed to surrender before the court below and pray for regular bail.