Krishan Deo Giri And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42359 of 2017 Arising Out of PS.Case No. -262 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Krishan Deo Giri, son of Late Rameshwar Giri,

2. Deo Nath Rai, son of Late Fakira Rai,

3. Suresh Rai, son of Kailas Rai, All resident of village Chakbhathi, P.S. Kudhani (Fakuli O.P), DistrictMuzaffarpur.

4. Jagdish Giri, son of Late Jamun Giri,

5. Kamlesh Giri, son of Late Jamun Giri,

6. Shekhar Giri @ Chandra Shekhar Giri, son of Late Jamun Giri,

7. Shankar Giri, son of late Rambaran Giri,

8. Ramjee Giri @ Ramshree Giri, son of Late Rambaran Giri,

9. Umesh Giri, son of Janardhan Giri, All Resident of village Mauna Mahima, P.S. Vaishali (Belsar O.P), District-Vaishali.

10. Vikash Giri, son of Rameshwar Giri,

11. Satrughan Sah, son of Latesukul Sah,

12. Sanjay Paswan @ Sanjay Kumar, son of Prabhu Paswan, both resident of village Ufraul, P.S. Vaishali (Belsar O.P.), District-Vaishali.

13. Ramishwar Bhagat, Son of Late Jaimangal Bhagat, Resident of village Fakuli, P.S. Kudhani (Fakuli O.P), District-Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan No. II For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Kudhani (Fakuli O.P) P.S. Case no. 262 of 2017, registered under Sections 147, 148, 149, 341, 342, 323, 353, 332, 436, 427, 504 and 506 of the Indian Penal Code.

The accusation is that on receiving information about sustaining injury by one Amresh Giri, rider of the motorcycle due to dash with the bus, he entered the Sanha and proceeded for

Patna High Court Cr.Misc. No.42359 of 2017 (2) dt.19-09-2017 2/2 the place of occurrence. The injured Amresh Giri was carried for treatment at PHC from where he was referred to Muzaffarpur. When informant reached at the place of occurrence then saw a mob of 250 people were indulged in blockage of N.H. 77 having armed with lathi, danda and stones in their hands. They also damaged some vehicles. The informant and other Police personnel succeeded to clear the blockage of road. At that time, informer of the Police named 33 persons of the mob, including the petitioner, who indulged in blockage of the road.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that the name of the petitioners have been disclosed by informer of the Police, but no specific overt act has been attributed against the petitioner. The petitioners have no criminal antecedent.

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 Judicial Magistrate, 1st Class, Muzaffarpur in connection with Kudhani P.S. Case No. 262 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T