Bijli Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39077 of 2020 =============================================
1. Bijli Devi, Female, aged about 40 years, W/o Kare Mehta @ Kari Mehta
2. Drapati Devi @ Dropati Kumari, Female, aged about 19 years, D/o Kare Mehta @ Kari Mehta
3. Raben Mehta @ Ravindra Kumar, Male, aged about 24 years, S/o Kare Mehta @ Kari Mehta
4. Arun Mehta @ Arun Kumar, Male, aged about 20 years, S/o Kare Mehta @ Kari Mehta All resident of village-Shivnagar Majhua West, Ward No. 12, P.S. Raniganj, District-Araria --------- Petitioner
Versus
The State of Bihar --------- Opposite Parties ============================================= Appearance:- For the Petitioner:- Mr. Gopal Kumar Jha, Advocate For the State :- Mr. Harendra Pd., APP
============================================= CORAM:HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2. 01.06.2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioners and Shri. Harendra Prasad, learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Raniganj P.S. Case No. 295 of 2020 for the offence registered under Sections 147, 148, 149, 269, 270, 271, 341, 323, 307,332, 353, 427 and 431 of the Indian Penal Code. The allegation is regarding 24 known and 150 unknown villagers having blocked the road on account of death of a child due to accident and when the police had arrived on the spot to clear the blocked road, the mob had resorted to assaulting the police personnel.
The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that a general and omnibus allegation has been leveled against the petitioners and there is no allegation of any sort of specific overt act having been engaged in by the petitioners herein, hence they be granted the privilege of anticipatory bail.
Per contra, the learned A.P.P. for the State Sri. Harendra Prasad has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the fact that no specific allegation of any sort of overt act has been leveled against the petitioners herein, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail.
Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Araria in connection with Raniganj P.S. Case No. 295 of 2020 (G.R. No. 2021 of 2020) subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/-