Gajendra Rai And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16892 of 2016 Arising Out of PS.Case No. -121 Year- 2014 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Gajendra Rai,

2. Pramod Tiwari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-04-2016 At the outset, it is submitted by learned counsel for the petitioners that petitioner no.2 Pramod Tiwari has been arrested. Hence, this application so far as it relates to petitioner no.2 has become infructuous.

Heard learned counsels for the petitioners and the State.

The petitioner no. 1 is apprehending arrest in a case registered for the offences punishable under sections 147,148,149,341,342,323,380,427,446,457,504 and 506 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The prosecution case is that on 14.4.2014 the accused persons robbed the office of C.P.I. and destroyed several

Patna High Court Cr.Misc. No.16892 of 2016 (2) dt.21-04-2016 2/2 articles. The articles of house of the Raji Paswan have also been destroyed resulting into loss of rupees two lacs. It is submitted by the learned counsel for the petitioners that the accusation is against the mob. It is further submitted that the informant retracted from the initial version and has filed a petition to that effect before the learned court below. It is submitted by learned APP that on conclusion of investigation charge sheet has been submitted. Considering the accusation against the mob and Statement made in paragraph 3 of the petition that the petitioner has no criminal antecedent, it is a case for consideration of the prayer for regular bail of the petitioner no. 1 by the learned court below in case the petitioner no. 1 surrenders within six weeks from today in connection with Ghorasahan P.S. Case No. 121 of 2014 pending in the court of learned SDJM, Sikrahana at Dhaka, East Champaran.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T