Shiv Shankar Paswan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24540 of 2016 Arising Out of PS.Case No. -239 Year- 2012 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Shiv Shankar Paswan, S/o Kailash Paswan
2. Surendra Sah, S/o Ramdeo Sah Both residents of village- Purani Bazar, P.S.- Motipur, DistrictMuzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-05-2016 Heard learned counsel for the petitioners and the State.
Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 353, 397, 427, 504 of the Indian Penal Code and 3, 4 of the Maintenance of Essential Services Act. The prosecution case is that on N.H.-27 mob put dead body and blocked the road. When the police personnel went to pacify the matter then mob obstructed the police personnel in discharging their official duty. It is submitted by the learned counsel for the petitioners that the mob was protesting against the killing of a body and inaction of the police. Hence, the police lodged a frivolous case in order to save their own skin. The present case has been lodged in the year 2012, this Court is not
Patna High Court Cr.Misc. No.24540 of 2016 (2) dt.31-05-2016 inclined to grant bail to the petitioner.
In view of the accusation levelled against the mob, it is a case for consideration of prayer for regular bail, let the learned court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Motipur P.S. Case No. 239 of 2012, pending in the court of learned Sub-Divisional Judicial Magistrate, West Muzaffarpur.
With the above observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T