Chandan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71603 of 2018 Arising Out of PS. Case No.-46 Year-2018 Thana- PANDARAK District- Patna ======================================================

1. Chandan Kumar,

2. Nadul Kumar @ Barhu Kumar @ Kundan Kumar, Both are Sons of Late Sanjay Mahto, Resident of VillagePandarak (Pipartar), P.S.- Pandarak, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyanendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-12-2018 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147/149/353 of the Indian Penal Code.

The prosecution case got initiated on the self-statement of A.S.I. Diwakar Kumar Vishwakarma, dated 01.05.2018 to the effect that one Sanjeev Kumar received injuries in a vehicle accident and subsequently succumbed to the injuries in th course of treatment at P.M.C.H., Patna. In protest against the same, the mob blocked the road and obstructed the administration in discharging their official duties, leading to registration of the present case against 12 named and 25-30 unknown persons. The petitioners are named in the

Patna High Court Cr.Misc. No.71603 of 2018(2) dt.19-12-2018 2/2 FIR.

It is submitted by learned counsel for the petitioners that the accusation is against the mob. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioners are named in the FIR.

Considering the genesis of the occurrence and the accusation against the mob, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, 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 ACJM, Barh, Patna, in connection with Pandarak P.S. Case No.46/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T