Upendra Pasi @Upendra Mahto Andors v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23820 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -KHANPUR District- SAMASTIPUR ======================================================

1. Upendra Pasi @ Upendra Mahto Son of Sri Ramdeo Pasi

2. Dinesh Pasi @ Dinesh Mahto Son of Mr. Yogi Pasi

3. Mahesh Pasi @ Mahesh Mahto Son of Mr. Yogi Pasi

4. Dilip Pasi @ Dilip Mahto Son of Sri Ramdeo Pasi

5. Brajesh Pasi @ Brajesh Mahto Son of Sri Rmadeo Pasi All resident of village - Masina, P.S. Khanpur, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, adv. For the Opposite Party/s : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-07-2015 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, 353, 307, 504, 506 and 120B of the Indian Penal Code. The prosecution case is that the informant being the police office went to raid the house of one Sanjay Pasi who alleged to have been manufacturing illicit liquor when the accused persons including the petitioners attacked the police force as a result constable Lalit Yadav got seriously injured when others also received injuries.

It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.23820 of 2015 (2) dt.09-07-2015 2/2 the accusation is omnibus and general and the injury report of Lalit Yadav is not available on record which suggests that Lalit Yadav received no injury. A certificate has been issued by the Incharge Medical Officer, Primary Health Centre, Khanpur as contained in Annexure-5 that injury report of Lalit Yadav is not available. Considering the malicious action of the informant, S.P., Samastipur transferred him after considering the circumstances in which the present case was lodged.

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, Samastipur in connection with Khanpur P.S. Case No. 20 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T