Patna High CourtCR. MISC./56950/2017bail granted

Ankit Kumar @ Ankit Keshri And ANR v. The State Of Bihar

2017-12-12Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56950 of 2017 Arising Out of P.S.Case No. -322 Year- 2017 Thana -JAMUI District- JAMUI ======================================================

1. Ankit Kumar @ Ankit Keshri, S/o Raja Ram Keshari,

2. Anshu Kumar Keshari @ Anshu Keshri S/o Late Lalan Keshari, Both are R/o Village- Maharajganj, P.S. and District- Jamui. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-12-2017 Heard both sides.

2. Petitioners are in custody in connection with Jamui P.S.Case No.322 of 2017 registered for the offence under section 307 and other allied Sections of the IPC.

3. The informant happens to be the SHO of Jamui police station. He has alleged that on 30.09.2017 the petitioners in a mob of about 300 people obstructed a religious procession and tried to disturb the communal harmony among the local people. The informant along with police party intervened to pacify the matter whereupon the accused persons started pelting stones and also caused injury to the police personnel.

4. Learned counsel for the petitioners submits that for the alleged occurrence three cases were registered. Two cases

Patna High Court Cr.Misc. No.56950 of 2017 (2) dt.12-12-2017 2/2 were registered by the members of two different communities and third by the police. The allegation of assault and pelting stones is omnibus on police party is omnibus. In the said occurrence, none of the police persons sustained any injury and so no offence under section 307 of the IPC is made out.

5. Learned APP opposed the submissions.

6. Considering the omnibus allegation against the petitioners and 250 unknown persons and also the clean antecedent of the petitioners who are in custody since 03.10.2017, the prayer for bail is allowed and they are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Jamui in Jamui P.S.Case No.322 of 2017, subject to the condition that one of the bailors should be close family members of the petitioners.

(Sanjay Kumar, J) B.Kr./- U T