Happy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8529 of 2016 Arising Out of PS.Case No. -150 Year- 2015 Thana -SULTANGANJ District- PATNA ====================================================== Happy S/o Late Raghunath Prasad Yadav Resident of Moh- Sultanganj, Maleria Office, P.S. Sultanganj, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 337, 341, 307, 353, 427 and 504 of the Indian Penal Code.

The prosecution case is that on 13.02.2015 at 7.30 P.M. S.H.O. of Sultanganj police station S.I. Raj Kishore Ram was performing his duty along with other police personnel, in the meantime, co-accused Vijendra Mahto along his sons Kundan Kumar, Sujit Kumar and this petitioner along with 1015 unknown came at the police station and started assaulting and abusing the police personnel and they were obstructed not only

Patna High Court Cr.Misc. No.8529 of 2016 (2) dt.22-02-2016 2/3 the informant and other police personnel but they also blocked the traffic.

It is submitted by learned counsel for the petitioner that there was scuffle between two groups, one led by the Vijendra Mahto and his sons, who were disturbing the people on road. The petitioner is the driver of a public carrier and has been named in the present case only on suspicion. The accusation is omnibus and general against the mob and considering omnibus and general accusation against the mob, FIR named accused persons, namely, Vijendra Mahto, Kundan Kumar and Sujit Kumar have been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 1098 of 2016.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the omnibus and general accusation against the mob and the submission that no injury was caused to anyone, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.8529 of 2016 (2) dt.22-02-2016 3/3 Judicial Magistrate, Ist Class, Patna City in connection with Sultanganj P.S. Case No. 150 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T