Lalan Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66827 of 2018 Arising Out of PS.Case No. -88 Year- 2017 Thana -SONBERSA District- SITAMARHI ======================================================

1. Lalan Kumar, S/o Ram Chandra Mahto,

2. Kishori Paswan,S/o Late Ram Lakhan Paswan,

3. Pamashrai Raut, S/o Panchu Raut,

4. Ram Swarath Mukhiya, S/o Late Keshari Mukhiya &

5. Fekan Paswan, S/o Bigu Paswan All residents of village-Chilra, P.S. Sonbarsa, District-Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 353, 427, 337, 338, 332, 333, 307, 504, 323 of the Indian Penal Code and Sections-4/5 of Damage of Property Act.

The prosecution case, in brief, is that in the backdrop of a road accident, the people of vicinity protested against the police and as such, the prosecution was lodged.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The

Patna High Court Cr.Misc. No.66827 of 2018 (2) dt.01-11-2018 petitioners have been falsely implicated in the present case. The alleged occurrence had taken place in protest of a road accident. The petitioners are not named in the FIR. Approximately, 150-200 persons protested against the police for a road accident which had taken place. No specific overt act has been attributed against the petitioners. General and omnibus allegation has been made against the petitioners.

On behalf of the State, it is submitted that the petitioners are not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa P.S. Case No. 88 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T