Raju Srivastav @ Raju Kumar Srivastav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32482 of 2019 Arising Out of PS. Case No.-126 Year-2017 Thana- JOGBANI District- Araria ====================================================== 1.

RAJU SRIVASTAV @ RAJU KUMAR SRIVASTAV Son of Lavin Prasad Srivastav @ Lavish Srivastav Resident of Village - Khajurbari, Ward No. -5, P.S.- Jogbani, District- Araria 2.

Md. Majrul @ Md. Majharul Son of Md. Majlum @ Md. Majmul Resident of Village - Khajurbari, Ward No. -6, P.S.- Jogbani, District- Araria 3.

Md. Murtaza @ Md. Mutuja @ Md. Murtuza Son of Md. Kamaruddin @ Bula Resident of Village - Khajurbari, Ward No. -6, P.S.- Jogbani, DistrictAraria 4.

Md. Azharuddin @ Md. Azaruddin Son of Md. Iliyas Resident of Village - Khajurbari, Ward No. -7, P.S.- Jogbani, District- Araria 5.

Md Anjar @ Md. Anjar Ahmad Son of Md. Kayyum Resident of Village - Choti Masjid, Ward No. -14, P.S.- Jogbani, District- Araria 6.

Sani Alam @ Sani @ md. Ramiz Faizal Son of Md. Riyaz @ Riazuddin Resident of Village - Choti Masjid, Ward No. -14, P.S.- Jogbani, DistrictAraria 7.

Md. Zeeshan @ Zeeshan Ali Khan Son of Md. Firoz @ Md. Firoz Khan Resident of Village - Choti Masjid, Ward No. -14, P.S.- Jogbani, DistrictAraria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2019 This application, for grant of anticipatory bail, arises out of Jogbani P.S. Case No. 126/17, disclosing offences under Sections 147, 148, 149, 341, 342, 332, 333, 353, 337, 338, 427, 504 and 506 of the Indian Penal Code. Allegation as per F.I.R. is that while the flood relief work was going on, about 100 people armed with deadly

Patna High Court CR. MISC. No.32482 of 2019(2) dt.16-05-2019 2/2 weapon assembled at the gate of police station and tried to entered into the police station, out of which seventeen accused persons were identified including petitioners as they were throwing burning tyres.

Submission of learned counsel for the petitioners is that though they are named in the F.I.R., no specific allegation has been attributed to them and at best they can only be said to be the member of mob.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -I, Araria, in connection with Jogbani P.S. Case No. 126/17, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T