Laxman Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25177 of 2018 Arising Out of PS. Case No.-685 Year-2017 Thana- HAJIPUR District- Vaishali ======================================================

1. Laxman Sah, Son of Baiju Sah.

2. Amarendra Singh, son of Arjun Singh.

3. Abhinandan Singh, Son of Shailendra Singh.

4. Kundan Singh, Son of Birendra Singh.

5. Sanjeev Kumar @ Sanjeet Kumar, Son of Raghunath Prasad Singh.

6. Ashok Giri Son of Late Rajeshwar Giri.

7. Shyam Kumar, Son of Raju Singh @ Arvindra Kumar. All 1 to 7 are resident of village- Choti Marai, P.S.- Hajipur Town, Dist.- Vaishali.

8. Pawan Kumar Singh, Son of Mohan Singh, Resident of VillageChoti Marai, P.S.- Hajipur Industrial, Dist.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-04-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners are apprehending arrest in connection with Hajipur Town P.S. Case No. 685 of 2017 registered for the offence punishable under Sections 147, 148, 149, 353, 186, 307, 427, 153(a) and 505 of the Indian Penal Code. The learned counsel for the petitioners submits that the petitioners were a members of the mob and the occurrence of scuffle took place between the two communities which caused

Patna High Court Cr.Misc. No.25177 of 2018(2) dt.25-04-2018 2/2 damage to the Durga Puja Pandal and Tazia. He submits that there was dispute between the parties on account of procession by a people of two communities.

Considering the aforesaid and particularly that there is no overt act except that the petitioners were the members of the mob, let the petitioners above named, be released in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory 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 C.J.M., Vaishali at Hajipur in connection with Hajipur Town P.S. Case No. 685 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure on condition that the bailor should be family members of the petitioners. (Anil Kumar Upadhyay, J) ajay gupta/- U T