Mantu Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26152 of 2016 Arising Out of PS.Case No. -474 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Mantu Rai, son of Late Surendra Rai.

2. Vikash Kumar @ Nikku, son of Sri Bhusan Rai.

3. Hari Narayan Rai, son of Sri Ramashish Rai.

4. Pachu Rai, son of Shree Bhola Rai All the resident of village Karnpura, P.S. Ganaga Bridge, District Vaishali.

.... .... Petitioners

Versus

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

For the Petitioner : Mr. Rajesh Ranjan Kumar, Advocate For the State : Mr. Sri Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 30-06-2016 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case filed under Sections 147, 148, 149, 341, 352, 332, 353, 307, 504, 506, 427, 379, 115, 290 and 368 of the Indian Penal Code, Section 27 of the Arms Act and Section 40 of the Bihar Mineral Mining Act, 1972.

It is contended that there is no allegation against the petitioners being involved in illegal mining of sand. However, as per the allegation, they were members of a mob which attacked the police but it is difficult to say that who has assaulted the

Patna High Court Cr.Misc. No.26152 of 2016 (2) dt.30-06-2016 2 / 2 police force. Petitioners have stated that they have no criminal antecedent and similarly situated accused persons, Arbind Kumar @ Arbind Rai, Sanjeet Rai, Sonu Kumar, Chhotu Rai and Dayanand Rai have been granted anticipatory bail by a coordinate Bench of this Court vide Annexure 2. Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Hajipur (Town) P.S. Case No.474 of 2015, the above named petitioners, Mantu Rai, Vikash Kumar @ Nikku, Hari Narayan Rai and Pachu Rai shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) Sanjay-II/- U T