Vinay Kumar @ Vinay Mahto And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14593 of 2019 Arising Out of PS. Case No.-111 Year-2017 Thana- KATRA District- Muzaffarpur ====================================================== 1.

Vinay Kumar @ Vinay Mahto, Son of Ram Kumar Mahto Resident of Village - Jajuar, P.S.- Katra, Distt - Muzaffarpur. 2.

Chandan Jha @ Chandan Kumar Jha, Son of Laxmi Jha Resident of Village - Jajuar, P.S.- Katra, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-03-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 143, 144, 147,148, 188, 323, 333, 337, 338, 307 and 353 of the IPC. The prosecution case, as per the written report of Prakash Kumar, A.S.I. of Police, Sakra Police Station, dated 16.10.2017 submitted to the Station House Officer, Sakra Police Station, is to the effect that on 15.10.2017 after death of one Nand Lal Mahto in a road accident, the mob of 100-150 persons blocked the road connecting Rajuyar to Pupri and when the police made effort to remove the blockage of the road, then the mob pelted

Patna High Court CR. MISC. No.14593 of 2019(2) dt.11-03-2019 2/3 stones on police personnel, as a result some of the police personnel received injuries. The local Chaukidar identified 13 persons including the petitioners, leading to registration of 13 named including the petitioners and 100-125 unknown persons. It is submitted by learned counsel for the petitioners that the omnibus and general accusation has been levelled against the mob. For the alleged occurrence of 15.10.2017 at 10 A.M., the FIR has been lodged on 16.10.2017 at 10.40 P.M. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the petitioners are named in the FIR.

Considering the omnibus and general accusation against the mob and delayed lodging of the FIR, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M.-XIV, Muzaffarpur in connection with Katra P.S. Case No. 111 of 20107, subject to the

Patna High Court CR. MISC. No.14593 of 2019(2) dt.11-03-2019 3/3 condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T