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Patna High CourtCR. MISC./53339/2018bail granted

Indu Devi And ANR v. The State Of Bihar

2019-01-04Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53339 of 2018 Arising Out of PS. Case No.-34 Year-2018 Thana- DANIYAWAN District- Patna ======================================================

1. Indu Devi, W/o Kaushal Ravidas, Zila Parisad, Daniyawan, R/o Daniyawan, P.S.- Daniyawan, District- Patna.

2. Manoj Paswan @ Manoj Kumar, S/o Balmiki Narayan, R/o Vill.+ P.O.- Daniyawan, P.S.- Daniyawan, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar For the Opposite Party/s :

Mr.Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-01-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 143, 149, 283 and 353 of the IPC.

The prosecution case, as per the written report of S.I., Nasim Uddin, dated 02.04.2018, submitted to the Station House Officer, Daniyawan Police Station, is to the effect that on 02.04.2018 at 7 AM, the informant along with other police personnel was on patrolling duty on the day of 'Bihar Band',

Patna High Court Cr.Misc. No.53339 of 2018(5) dt.04-01-2019 2/3 called by the different organizations in support of reservation in favour of Schedule Casts and Schedule Tribes. It is alleged that about 150 persons blocked the National Highway, near Daniyawan. The petitioners are alleged to have been leading the procession. It is further alleged that blockage of road by the petitioners caused huge inconvenience to the public at large. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the mob. A statement has been made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent. Learned APP submits that the petitioners not only blocked the National Highway, causing huge inconvenience to the public at large, but they also obstructed the police official in discharging their duty.

Considering the accusation against the mob, coupled with the statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned ACJM, Patna City in

Patna High Court Cr.Misc. No.53339 of 2018(5) dt.04-01-2019 3/3 connection with Daniyawan P.S. Case No. 34 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T