Satish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27522 of 2019 Arising Out of PS. Case No.-361 Year-2015 Thana- HILSA District- Nalanda ====================================================== 1.
Satish Kumar, aged about 52 years, Male, S/o Late Shivratan Lal, Director of Gyan Ganga School, Hilsa, Resident of Mohalla- Ganjpar, P.S.- Hilsa, District- Nalanda 2.
Pankaj Kumar, aged about 22 years, Male, S/o Ram Chandra Prasad, Director of Elifenta Josep School, Hilsa, Resident of village- Banshi Bigha, P.S.- Hilsa, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2019 Heard both sides.
Petitioners apprehend their arrest in Hilsa P.S. Case No.361 of 2015, registered under Sections 307, 353, 337, 332, 283, 427 and other minor Sections of the Indian Penal Code, under Sections 3 and 4 of the Damage to Public Property Act as well as under Section 151 of the Railway Act.
The informant, in gist, alleged that some people blocked the road keeping the dead body of Devendra Prasad Sinha, the Director of D.P.S. School, Hilsa. The informant further alleged that the petitioners and other persons, who were managing and running different schools, raised slogans against the inaction of the police and blocked the road as well as the railway track by putting electric pole. The members of the mob also started pelting stones
Patna High Court CR. MISC. No.27522 of 2019(2) dt.26-04-2019 2/2 on the police personnel and the vehicles of the police. Many public properties were damaged.
Learned counsel for the petitioners submits that the petitioners were peacefully protesting against the inaction of the police in the murder of Devendra Prasad Sinha but many villagers came and made protest. Later on the mob became violent and damaged different government properties but petitioners were not parties to that. Similarly situated co-accused, Sanjay Kumar Prabhakar has already been granted anticipatory bail vide order dated 04.01.2019, passed in Cr. Misc. No.67015 of 2018. Having considered the facts aforesaid and nature of allegations made against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, be enlarged on bail 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 A.C.J.M., Hilsa Nalanda in connection with Hilsa P.S. Case No.361 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T