Chauthu @ Golu @ Monu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17347 of 2019 Arising Out of PS. Case No.-921 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Chauthu @ Golu @ Monu, Son of Ashok Somar @ Sonar Resident of - Sadar Bazar, P.S. and P.O.- Phulwari Sharif, Distt - Patna. 2.

Prakash @ Prakash Narayan, Son of Late Deep Narayan Sah Resident of - Sadar Bazar, P.S. and P.O.- Phulwari Sharif, Distt - Patna. 3.

Bunti, Son of Prakash Resident of - Sadar Bazar, P.S. and P.O.- Phulwari Sharif, Distt - Patna.

4.

Vicky, Son of Prakash Resident of - Sadar Bazar, P.S. and P.O.- Phulwari Sharif, Distt - Patna.

5.

Bholu, Son of Manohar Lal Resident of - Sadar Bazar, P.S. and P.O.- Phulwari Sharif, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sayed Imran Ghani For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and the State. The petitioners are apprehending their arrest in connection with Phulwari Sharif P.S. Case No.921 of 2018, G.R. No.7750 of 2018, registered for the offence punishable under Sections 147, 148, 149, 353, 323, 337, 427, 124 (A) of the Indian Penal Code. Prosecution case as per the self-statement of Md. Kaisar Alam, S.H.O. Phulwari Sharif P.S. is to the effect that on 07.11.2018 at 11.20 P.M., the informant received an information that cloth shop of Sunny Kumar in the house of Bhawani Kumar has set on fire,whereupon the informant reached on the spot and intimated the fire brigade about the same but when fire brigade did not come till

Patna High Court CR. MISC. No.17347 of 2019(2) dt.26-03-2019 2/2 late, then all the petitioners along with other 15 unknown started raising slogans against the police, assaulted the police personnel and also obstructed the police in discharging their duty. It is submitted by learned counsel for the petitioners that since the petitioners made protest against the inaction of the police, they have been roped in the present case. It is further submitted that general and omnibus allegation has been made against the mob and no injury has been caused to anyone. It is further submitted that petitioners are not having any criminal antecedent, statement to that effect has been made in paragraph no.3 of the bail application.

Considering the general and omnibus accusation being made against the mob, no injury being caused to anyone coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the Court below within a period of four weeks from today on on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-15, Patna in connection with Phulwari Sharif P.S. Case No.921 of 2018, G.R. No.7750 of 2018.