Aitwari Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15824 of 2022 Arising Out of PS. Case No.-647 Year-2021 Thana- HILSA District- Nalanda ====================================================== 1.

AITWARI RAVIDAS Son of Late Basant Ravidas R/o Village- Horil Bigha, P.s.- Hilsa, District- Nalanda.

2.

SANJAY KUMAR @ SANJAY RAVIDAS S/o Raj Kumar Ravidas Resident of Village- Khaddi, P.S.- Hilsa, District- Nalanda. 3.

BAHRA RAVIDAS @ BAHIRA RAVIDAS Son of Raj Kumar Ravidas Resident of Village- Horil Bigaha, Police Station Hilsa, District- Nalanda. 4.

RANJEET RAVIDAS Son of Raj Kumar Ravidas Resident of Village- Horil Bigaha, Police Station Hilsa, District- Nalanda. 5.

BABLU KUMAR @ BABLU RAVIDAS Son of Late Bejan Ravidas Resident of Village- Horil Bigaha, Police Station Hilsa, District- Nalanda. 6.

CHUNNI RAVIDAS Son of Bindeshwar Ravidas Resident of Village- Horil Bigaha, Police Station Hilsa, District- Nalanda. 7.

RAJ KUMAR RAVIDAS @ RAJ KUMAR MOCHI Son of Baruch Mochi Resident of Village- Horil Bigaha, Police Station Hilsa, District- Nalanda. 8.

BILTU KUMAR @ BILAT BIND Son of Sahtu Bind Resident of VillageHoril Bigaha, Police Station Hilsa, District- Nalanda. 9.

MANORAMA DEVI W/o Ashok Ram Resident of Village- Horil Bigaha, Police Station Hilsa, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash, Adv.

For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court

2/4 proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. At the very outset, learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail of the petitioner no.2, as he has been arrested during pendency of this application.

Permission is granted.

Accordingly, the prayer for anticipatory bail made through the instant application, on behalf of the petitioner no.2 is dismissed as withdrawn.

Now, this application is being heard for consideration of anticipatory bail on behalf of remaining petitioners. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 188, 353, 504 of the Indian Penal Code.

Allegedly, all the FIR named accused persons including the petitioners armed with various weapons are said to have blocked the road and forcibly stopped the vehicles, for demand of compensation against the death of a lady caused by Harvester Machine.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

3/4 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that the wife of petitioner no.1 met with an accident leading to her demise and for that the petitioner no.1 has already lodged an F.I.R. vide Hilsa P.S. Case No.646 of 2021 dated 12.12.2021 (Annexure-2 of this application). It is further submitted that petitioner no.1 has admittedly specifically levelled allegation of running over and hitting his wife against two persons who were riding on the Harvester in question and the owner of the said vehicle. Petitioners are members of mob and no specific role has been attributed against them. Petitioners have no criminal antecedent, as also mentioned in para-3 of this application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the petitioners are members of mob and there is no specific allegation against them, therefore, let the above named petitioner nos.1 and 3 to 9, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

4/4 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Hilsa P.S. Case No.647 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T