Chandan Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.36503 of 2016 (2) dt.16-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36503 of 2016 Arising Out of PS.Case No. -331 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Chandan Ram, S/o Raghu Das, resident of village - Ataullahpur, P.S. Lalganj, District - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan No.II, Advocate. For the Opposite Party/s : Mr. Sri Anant Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 331 of 2015 registered under Sections 147, 148, 149, 341, 342, 323, 324, 326, 353, 307, 448, 436, 380, 302 and 120(B) of the Indian Penal Code, Section 27 of the Arms Act and Section 3/4 of the Explosive Substance Act. The accusation is that due to death of lady in accident mop started agitation, the police party reached there. On seeing the police party, members of mob started brick bating. The Police resorted to by Lathi and firing in which one person was killed. In retaliation, people agitated on police personnel, as a result whereof one of them died. At that time out of mob of 1000-1200 people, 15

Patna High Court Cr.Misc. No.36503 of 2016 (2) dt.16-09-2016 persons including the petitioner were identified. Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner and 14 others are said to be identified on the spot but no specific overt act has been alleged against the petitioner. It is further submitted that similarly situated co-accused, Mahesh Sharma, has already been granted privilege of anticipatory bail by this Court vide order dated 26.05.2016 passed in Criminal Misc. No. 20315 of 2016. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six 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 the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 331 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T