Manish Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56015 of 2017 Arising Out of PS.Case No. -256 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Manish Kumar Son of Anand Kumar Singh

2. Sunny Kumar Son of Anand Kumar Singh Both are resident of VillageBajitpur, Bhadwas, P.S. Mahua, District Vaishali at Hajipur.

3. Jai Mangal Rai @ Jai Magal Rai Son of Sukhdeo Rai Resident of Village-Bhadwas, P.S. Mahua, District Vaishali at Hajipur.

4. Md. Junior @ Irshad Hussain Son of late Daud Resident of VillageHassanpur, Bhadwas, P.S. Mahua, District Vaishali at Hajipur.

5. Tileshwar Rai Son of late Lukha Rai@ Mukha Rai

6. Nawal Rai @ Nawal Kishor Rai Son of Tileshwar Rai

7. Raghubindra Rai @ Raghubind Rai Son of Daya Nand Rai

8. Subodh Kumar Son of Tileshwar Rai

9. Gajendra Rai son of Binda Rai

10. Sofi Rai @ Sofinda Rai Son of late Hulash Rai

11. Hari Chandra Rai Son of late Jai Mandal Rai Serial No. 5 to 11 are resident of Village- Bhadwas, P.O. Hassanpur, P.S. Mahua, DistrictVaishali at Hajipur.

12. Rajdeo Rai Son of Mahendra Rai

13. Ajay Kumar Rai Son of Ramchandra Rai

14. Kamal Rai Son of Ramji Rai

15. Mukhlal Rai Son of Nihora Rai

16. Md. Kuddus Son of Md. Sheikh Suleman

17. Md. Jahangir Son of Md. Kurban.

18. Md. Nazim Son of Kuddus

19. Md. Shamim Son of Md. Hamid

20. Lal Babu Rai@ Babu Lal Rai S/o Hulash Rai Serial No. 12 to 20 are residents of Village- Bhadwas, P.S. Mahua, District- Vaishali at Hajipur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Shakil Ahmad Khan, Adv. For the Opposite Party : Mr. Dr. Indiwar Kumari, APP 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-12-2017 Heard both sides.

The petitioners apprehend their arrest in Mahua P.S. Case No. 256 of 2016 registered under Section 353 and other sections of the Indian Penal Code.

The police officer alleged that mother-in-law of former Mukhiya, Savita Devi, was shot at in the night of 27/28.06.2016 and for that about 250 people under the leadership of former Mukhiya, Savita Devi, came and blocked the road

Patna High Court Cr.Misc. No.56015 of 2017 (2) dt.13-12-2017 causing inconvenience to common people. They also damaged the vehicles.

The learned counsel for the petitioners submits that the petitioners are of course named in the first information report, but, no specific allegation is made against the petitioners, Savita Devi, Mukhiya of the Gram Panchayat, who is named at serial no. 1 and it is alleged that under her leadership mob blocked the road has already been granted anticipatory bail vide order passed in Cr. Misc. No. 40355 of 2016.

Considering the facts that there is no specific allegation against the petitioners and similarly situated co-accused, namely, Savita Devi, has already been granted anticipatory bail, the petitioners, in the event of their arrest or surrender, within four weeks from the date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Mahua P.S. Case No. 256 of 2016 to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Prabhat Kumar Jha, J) SA/- U √ T √