Rakesh Ranjan Pathak And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21065 of 2019 Arising Out of PS. Case No.-391 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== 1.

RAKESH RANJAN PATHAK Son of Binod Pathak Resident of VillageChaugma P.S.- Bahera, District- Darbhanga 2.

Golu Jha Son of Jagannath Jha Resident of village-Basuam, P.S.-Bahera District-Darbhanga 3.

Chunchun Choudhary Son of Surya Narayan Choudhary Resident of villageBasuam P.S.-Bahera District-Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 332, 307, 353, 337, 153A and 295A of the Indian Penal Code.

The prosecution case as per the written report of the informant, being a Police Officer is to the effect that he received an information that the altercation is taking place between Bablu Mahto and Saddam for a dispute with regard to some exchange

Patna High Court CR. MISC. No.21065 of 2019(2) dt.05-04-2019 2/3 of money and hence, the people belonging to Hindu Community and Muslim Community have become aggressive, thereafter, the informant and other police officials reached at the spot and found that stones were being pelted on each other by the two groups when the police tried to pacify the issue. It is alleged that the petitioners were found taking active participation as they were leading the mob.

It is submitted by learned counsel for the petitioners that the general and omnibus accusation has been levelled against the mob only on the basis of suspicion, the petitioners have been roped in the present case. Though, the petitioners are accused in one another case but he is on bail in that case. Learned APP submits that the petitioners are named in the FIR.

Considering the general and omnibus 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 twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga, in connection

Patna High Court CR. MISC. No.21065 of 2019(2) dt.05-04-2019 3/3 with Bahera P.S. Case No. 391 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T