Kamta Prasad Verma @ Kamta Lal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12788 of 2017 Arising Out of PS.Case No. -409 Year- 2015 Thana -BIHTA District- PATNA ======================================================

1. Kamta Prasad Verma @ Kamta Lal, S/o Late Bindeshwari Lal,

2. Sonu Sao, S/o Ram Babu Sao, Both are resident of Village- Kateshar, P.S.- Bihta, District- Patna.

.... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kaushal Kishore Sinha For the Opposite Party/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bihta P.S. Case no. 409 of 2015, registered under Sections 147, 148, 149, 341, 323, 325, 307, 353, 332, 333, 152 and 153-A of the Indian Penal Code.

The accusation is that the mob of 200 people started raising slogans of "Jai Bajrang Bali" and they also erected Mahabiri Jhanda in front of the house of Mukhiya of Kateshar village. In the meantime, Police personnel and SDO, Danapur reached there then members of the mob started pelting brick and stone on the Police personnel in which S.I. Vijay Kumar Safi received fracture injury at his hand and other Police personnel also sustained injury. In the video photography, 60 peoples, as a member of the mob, including the

Patna High Court Cr.Misc. No.12788 of 2017 (2) dt.11-04-2017 2/2 petitioners, were identified.

Learned counsel for the petitioners submits that petitioners are named in the F.I.R. along with 58 others out of mob of 200 people, but no specific overt act has been attributed against the petitioners and petitioners having no criminal antecedent. Further submission is that similarly situated 15 co-accused have been granted anticipatory bail on 04.02.2017 passed in Criminal Miscellaneous No. 55297 of 2016.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Danapur in connection with Bihta P.S. Case No. 409 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T