Manoj Kumar And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10346 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- RIGA District- Sitamarhi ======================================================

1. Manoj Kumar, S/o Nagendra Singh

2. Sanjeev Kumar, S/o Late Ram Narain Singh

3. Ram Janki Sah, S/o Late Pragas Sah

4. Naresh Sah @ Ram Naresh Sah, S/o Ramani Sah

5. Raja Sah @ Raja Ram Sah, S/o Late Ram Ekwal Sah

6. Nandu Sah, S/o Late Ram Ekwal Sah

7. Uma Baitha, S/o Late Dukha Baitha

8. Bhola Singh @ Nagendra Singh, S/o Yogeshwar Singh

9. Ramashankar Paswan, S/o Late Baskit Paswan All residents of Village-Ram Nagra, P.S.-Riga, District-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-02-2019 Heard learned counsel for the petitioners and learned APP representing the State.

Petitioners are seeking anticipatory bail in connection with Riga P.S. Case No. 308 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 337, 338, 436, 427, 332, 333, 153, 153(A), 295, 295(A), 120(B), 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that during the immersion of idol of goddess Durga the alleged occurrence took place in which it is stated that when a

Patna High Court Cr.Misc. No.10346 of 2019(2) dt.20-02-2019 2/3 procession of 400-500 villagers reached at a particular place, some persons of a particular community indulged in slogan, soughting and attacked on the procession. In such circumstance the occurrence took place in which a large number of persons were named without there being any specific allegation against them. It is further submitted that some of the similarly situated persons have been granted privilege of anticipatory bail by different learned coordinate Benches of this Court in Cr.Misc.No.3040 of 2019 and Cr.Misc.No.4916 of 2019. Learned APP for the State is present and has not controverted the submission of learned counsel for the petitioners that similarly situated persons have been granted the privilege of anticipatory bail.

In the given facts and circumstances of the case considering that there is no specific allegation against the petitioners and similarly situated persons have been granted the privilege of anticipatory bail, let, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfication of the learned Chief Judicial Magistrate, Sitamarhi in connection with

Patna High Court Cr.Misc. No.10346 of 2019(2) dt.20-02-2019 3/3 Riga P.S. Case No. 308 of 2018, subject to the condition that petitioners shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T