Bharat Sao And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72291 of 2018 Arising Out of PS. Case No.-302 Year-2018 Thana- DAUDNAGAR District- Aurangabad ======================================================
1. Bharat Sao, S/o Deodhari Sao,
2. Kamakhya Sao, S/o Late Nata Sao.
3. Chuni Devi, W/o Arun Sao,
4. Gita Devi, W/o Munna Kumar,
5. Yugal Paswan, Late Baldeo Paswan.
6. Dindayal Sao, S/o Late Nata Sao, All Six R/o Village Pasawa, P.S.- Daudnagar, District- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned Counsel for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/323/353/332/333/109/504/342 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report dated 04.09.2018 submitted by Md. Jafar Imam to the Station House Officer, Daudnagar Police Station to the effect that on 04.09.2018 at 4.00 P.M., the informant received information from the SHO that the mob has blocked the road. Thereafter, the informant reached at the spot and found that the
Patna High Court Cr.Misc. No.72291 of 2018(3) dt.20-12-2018 2/3 mob was protesting against the demolition of the house of Ram Prasad Saw. It is alleged that when the police tried to pacify the mob, stones were pelted on the police party. The FIR was registered against 14 named and 150 unknown accused persons. The petitioners are named in the FIR.
It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the mob. In fact, the mob was protesting against the inaction of the state administration, but the police in order to save their own skin lodged the present case maliciously. Moreover, none have received any injury. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.
It is submitted by learned APP for the State that the petitioners and others have obstructed the administration in discharging their official duties.
Considering the accusation being omnibus and general against the mob, coupled with statement made in paragraph no.3 of the petition 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 learned Court below within a period of 12 weeks
Patna High Court Cr.Misc. No.72291 of 2018(3) dt.20-12-2018 3/3 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 learned SDJM, Daudnagar, in connection with Daudnagar P.S. Case No.302/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T