Manoj Kumar @ Munna And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6345 of 2016 Arising Out of PS.Case No. -286 Year- 2015 Thana -GOGRI District- KHAGARIA ======================================================

1. Manoj Kumar @ Munna Son of Late Narayan Sah, Resident of VillageJamalpur, Police Station- Gogri, District- Khagaria.

2. Vijay Sharma, Son of Banarsi Sharma, Resident of Village- Mushkipur, Police Station- Gogri, District- Khagaria.

3. Satish Malakar, Son of Bramdev Malakar, Resident of Village- Jamalpur Mali Tola, Police Station- Gogri, District- Khagaria.

4. Ravi Kumar Son of Mahendra Prasad Laheri Resident of VillageJamalpur Paswan Tola, Police Station- Gogri, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh, Adv. For the Opposite Party/s : Mr. Sakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 427, 353, 153A, 188, 504 and 506 of the Indian Penal Code. The prosecution case is that on 24.10.2015 when the Muharram procession was going on, some people from Hindu community created disturbance, consequently, the informant being BDO and others were deputed on the spot when the accused persons subsequently robbed the chicken shop of Md. Munna and Md. Naushad and they tried to assault the newspaper correspondent. The accused persons ransacked the bangles shop of

Patna High Court Cr.Misc. No.6345 of 2016 (2) dt.15-02-2016 2/2 the Muslim community and thereby violated the prohibitory order under Section 144 Cr. P.C.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general and against the mob. It is further submitted that petitioner nos. 2 to 4 have no criminal antecedent. Though, petitioner no.1 is accused in two other cases but he is on bail in those two cases, statement to that effect has been made in para 2 of supplementary affidavit. Considering the accusation against the mob, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Khagaria in connection with Gogri P.S. Case No. 286 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T