Rama Mallik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70980 of 2018 Arising Out of PS. Case No.-50 Year-2018 Thana- LAKHNAUR District- Madhubani ====================================================== Rama Mallik Son of Jhaulik Mallik, Resident of Village-Kachhuwa, P.S.- Lakhnour, District-Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat For the Opposite Party/s :

Mr. Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,151,188,341,323,342,386,379,427,504 and 506 of the IPC.

The prosecution case is that 34 FIR named accused persons and 1400-1500 unknown persons were trying to grab the land of the informant on 5.4.2018 at about 1 P.M. On protest being made, the informant was chased by the accused persons, as a result of which, the nephew of the informant fell down and received injury. It is further alleged that the informant's mobile was also snatched while he was taking photograph of the incident.

It is submitted by learned counsel for the petitioner that in

Patna High Court Cr.Misc. No.70980 of 2018(2) dt.19-12-2018 2/2 the background of a land dispute, the present case has been lodged against the mob. The accusation is not specific and several co-accused have been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 48411 of 2018. Learned APP submits that the petitioner is named in the FIR.

Considering the genesis of the occurrence and the accusation being omnibus and general against the mob, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM I, Jhanjharpur, in connection with Lakhnour P.S. Case No.50 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U