Sanjay Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21215 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- KANHAULI District- Sitamarhi ====================================================== 1.

SANJAY BAITHA Son of Chandeshwar Baitha, Resident of Village-Khap, P.S.-Kanhauli, District-Sitamarhi.

2.

Jay Kishun Mahto Son of Late Modi Mahto, Resident of Village-Khap, P.S.- Kanhauli, District-Sitamarhi.

3.

Jai Kishun Mahto @ Angrejwa, Son of Jitan Mahto, Resident of VillageKhap, P.S.-Kanhauli, District-Sitamarhi. 4.

Chhote Rai @ Ram Kalevar Rai, Son of Late Yogendra Rai, Resident of Village-Bharsar, P.S-Kanhauli, District-Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2019 This application, for grant of anticipatory bail, arises out of Kanhauli P.S. Case No. 162/18, disclosing offences under Sections 147, 148, 149, 323, 324, 307, 353, 427, 447, 448, 452, 379, 380, 120B, 504, 506 and 193 of the Indian Penal Code.

Prosecution case is that large number of persons including petitioners surrounded the police station and attacked on the police officials causing injury to one of the police officials.

Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.21215 of 2019(2) dt.09-05-2019 2/2 that though petitioners are named in the F.I.R., no specific allegation has been attributed to them and they are only the members of mob and the petitioners have no criminal antecedent Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned I/c Judicial Magistrae 5th Sitamarhi, in connection with Kanhauli P.S. Case No. 162/18, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T