Bhagya Narayan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25051 of 2015 Arising Out of PS.Case No. -76 Year- 2014 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bhagya Narayan Sahani son of Lalbabu Sahni resident of village - Sarsola, P.S. Lakhaura, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-06-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,342,323,324,332,333,353,427,307,380,411, 452,504 and 506 of the Indian Penal Code.

It is alleged by the SHO of Lakhaura Police Outpost that the mob under the leadership of co accused Babulal Sahani came variously armed, entered into the premise of the outpost, put the vehicle on fire and pelted stones. The police resorted to fire to pacify the mob when twenty five persons were identified leading to registration of FIR against twenty five persons and 100-125 unknown.

Patna High Court Cr.Misc. No.25051 of 2015 (2) dt.30-06-2015 2/2 It is submitted by the learned counsel for the petitioner that the mob was protesting due to highhandedness of the informant when Gokul Sahni died, hence the public blocked the road in protest. The petitioner was not a member of the protest party but only on suspicion the accusation has been levelled. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. More over, several accused persons have been granted bail including Babulal Sahani who was leading the mob vide Cr. Misc. No. 31470 of 2014. Considering the aforesaid facts, 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sadar Motihari in connection with Mufassil (Lakhaura) P.S. Case No. 76 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T