Raju Rastogi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43387 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -BALIA District- BEGUSARAI ======================================================
1. Raju Rastogi Son of Sri Madan Rastogi Resident of Village-Sattichaura, P.S.-Ballia, District Begusarai
2. Md. Naushad Son of Abdul Subhan Resident of Village-Chhoti Balia Masurchak, P.S.-Ballia, District-Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-10-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Balia P.S. Case No. 16 of 2016, disclosing offences under Sections 147, 148, 149, 435, 341, 323, 353 and 427 of the Indian Penal Code.
The petitioners, allegedly, were the members of a mob, who were protesting against the death of a child in a road accident and they had allegedly blocked vehicular traffic and had damaged the public property. They are said to have set the school bus on fire.
Learned counsel, appearing on behalf of the petitioners, has submitted that there is no specific allegation of any overt act
Patna High Court Cr.Misc. No.43387 of 2016 (2) dt.26-10-2016 2/2 against these petitioners, who have been described as members of mob.
Considering the submission, as above, 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. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Balia P.S. Case No. 16 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present thesmelves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) sunil/-c U T