Dablu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17728 of 2019 Arising Out of PS. Case No.-174 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== DABLU RAM S/o Chhalu Ram @ Jhalu Ram Resident of Village- Nauka Tola, P.S.- Mairwa, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sandesh Roy For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-07-2019 The petitioner apprehends his arrest in connection with Mairwa P.S.Case No. 174 of 2018 registered under Sections 147, 148, 149, 307, 323, 332, 333, 337, 353, 427 and 452 of the Indian Penal Code.

Allegation against the petitioner, as per FIR, is that petitioner along with 350 to 400 persons entered in the Mairwa P.S. in the night and started putting pressure on police officer to get released one accused Dipu Chouhan who was arrested under Excise Act. It has also been alleged that 8-10 persons covering their face abused the police personnel and started pelting stones on them.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and altogether 40 persons are named in the FIR in which petitioner is at sl. no. 14 but no specific overt act has been attributed against the petitioner and

Patna High Court CR. MISC. No.17728 of 2019(3) dt.16-07-2019 2/2 no injury is said to have been caused by him to anybody. Learned counsel further submits that similarly situated other coaccused persons have been granted bail by the co-ordinate Bench of this Court vide order dated 09.10.2018 passed in Cr. Misc. No. 52909 of 2018 and vide order dated 11.10.2018 passed in Cr.Misc. No. 62992 of 2018.

After having heard learned counsel for the petitioner and taking into consideration the fact that a mob of 350-400 persons was involved in this case and similarly situated accused persons have been granted privilege of anticipatory bail, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM-VII, Siwan in connection with Mairwa P.S.Case No. 174 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U