Madhav Kumar And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.63730 of 2017 (2) dt.12-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63730 of 2017 Arising Out of PS.Case No. -331 Year- 2016 Thana -RAJAUN District- BANKA ======================================================

1. Madhav Kumar son of Saryug Mandal

2. Sanjay Mandal son of Julabi Mandal

3. Vakil Mandal son of Sohin Mandal

4. Bibek Kumar son of Pawan Mandal

5. Kanha Sharma @ Kanhay Sharma son of Suresh Sharma

6. Raushan Kumar son of Manoj Tanti

7. Laddu Mandal son of Late Damoli Mandal All residents of village Amgadiya Madhay, P.S. Rajoun, District Banka

8. Amar Tanti son of Nago Tanti

9. Madan Tanti son of Nago Tanti Both residents of Amgadiya Madhay P.S. Rajoun, District Banka

10. Tetar Tanti son of Dhanpati Tanti

11. Subhash Kumar son of Nand Kishore Mandal

12. Kapil Mandal @ Kapildeo Mandal son of Bhagwan Mandal

13. Rajendra Mandal son of Bhagwan Mandal All residents of village Amgadiya Madhay, P.S. Rajoun, District Banka

14. Mukesh Sah son of Mangan Sah @ Bhagwan Sah, resident of village Madhay, P.S. Rajoun, District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Das No.- 2 For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2018 Heard both sides.

The petitioners apprehend their arrest in Rajoun P.S. Case No.331 of 2016 registered under Sections 144, 145, 353, 427 and 438 of the Indian Penal Code.

The informant alleged that a truck bearing registration no.BR 11GA- 1158 dashed a thela in which one Vishal Kumar a boy aged about 10 years was crushed to death. The grandfather of

Patna High Court Cr.Misc. No.63730 of 2017 (2) dt.12-01-2018 Vishal Kumar was also injured. The villagers came and assaulted the driver and also set ablaze the truck.

The learned counsel for the petitioners submits that of course the petitioners are named in the F.I.R., but no specific allegation is made against the petitioners. More than 100 persons assembled at the place of occurrence on the ground of death occurred by motor accident and assaulted the driver of the truck. No specific allegation is made against the petitioners. Considering the facts aforesaid and the nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order are directed to 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 learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No.331 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T