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Patna High CourtCR. MISC./65067/2018bail granted

Mithilesh Kumar @ Deo Kumar Das And ORS v. The State Of Bihar

2018-12-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65067 of 2018 Arising Out of PS. Case No.-117 Year-2018 Thana- GOPALPUR District- Bhagalpur ======================================================

1. Mithilesh Kumar @ Deo Kumar Das, Son of Umesh Harizan @ Umesh Das.

2. Pankaj Harijan @ Gaurav Kumar, Son of Mahendra Harijan @ Mahendra Das.

3. Tinku Harijan @ Bhavesh Kumar Das, Son of Ginni Harijan @ Bindeshwar Das, All are residents of Village- Murli, P.S.- Gopalpur (Rangra), District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Thakur For the Opposite Party/s :

Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,188,353,332,431 and 323 of the IPC. The prosecution case is that 200-250 people blocked NH 31 at Murlichak and when the informant being a police officer, reached on the spot. The mob started raising slogans against the administration. Eleven persons including the petitioners were identified when the FIR was registered against 200-250 unknown along with 11 named persons.

It is submitted by learned counsel for the petitioners that the accusation is against the mob. Statement has been made in

Patna High Court Cr.Misc. No.65067 of 2018(2) dt.11-12-2018 2/2 paragraph 3 of the petition that the petitioners are not having any criminal antecedent. It is further submitted that similarly situated co-accused have been granted anticipatory bail by a Bench of this Court vide order dated 20.11.2018 passed in Cr. Misc. No. 61464 of 2018.

Considering the accusation against the mob and statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks 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 ACJM II, Nagauchhia in connection with Gopalpur (Rangra) P.S. Case No.117 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U