Mahesh Sharma v. The State Of Bihar
Patna High Court Cr.Misc. No.16558 of 2016 (3) dt.06-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16558 of 2016 Arising Out of PS.Case No. -336 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Mahesh Sharma Son of Santosh Sharma Resident of Village- Attaullahpur PS Lalganj, District Vaishali.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Asha Devi (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-05-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
The petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 336 of 2015 for the offences registered under Sections 147, 148, 149, 452, 380, 436, 427 and 295 of the Indian Penal Code.
Learned counsel for the petitioner submits that subsequent to the incident, in which two persons were injured, a mob of about 300 persons assembled at the house of the informant and started to cause damage to the belongings of the informant. It is alleged that following day of the incident, three to four thousands anti-social elements making a mob, having armed with different weapons attacked house of the informant, causing damage to the vehicles, parked in front portion of the
Patna High Court Cr.Misc. No.16558 of 2016 (3) dt.06-05-2016 house. It is alleged that female including the children were terrorized and there was mass scale vandalism by the mob. It is stated that petitioner was identified as one of the members of the mob alongwith 14 other named accused persons. It is further submitted that for the very said occurrence also, the police registered an FIR bearing Lalganj P.S. Case No. 330 of 2015 on the same day.
Considering the nature of allegation made in the FIR and that no specific role has been assigned to the petitioner, save and except the allegation that he was also a member of the mob and no overt act has been attributed to him, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 336 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) Jagdish/- U T