Ashok Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56511 of 2023 Arising Out of PS. Case No.-27 Year-2022 Thana- SONEPUR District- Saran ====================================================== 1.
Ashok Rai Son of Late Haridayal Rai Resident of village - Parmanandpur, P.S. - Sonpur, Distt. - Saran 2.
Ladu Kumar Rai @ Krishna Abhishek @ Laddu Rai Son of Hari Rai Resident of village - Parmanandpur, P.S. - Sonpur, Distt. - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners apprehend their arrest in a case registered for offence under Sections 147, 342, 353, 188 of the Indian Penal Code.
3. As per prosecution case, all the F.I.R. named accused persons including these petitioners and 50 unknown persons blocked the road traffic for two hours at Parmanand Pur Chowk for death of a person who met with an accident at Kopa Samhota and when informant, who is S.H.O. of Sonepur Police Station, tried to convince the mob, the accused persons did not listen to him and continued blocking the road for about 2 hours, causing inconvenience to general public. These petitioners are alleged to be leading the mob.
Patna High Court CR. MISC. No.56511 of 2023(4) dt.17-04-2025 2/2
4. Learned counsel for the petitioners submits that allegation is vague and omnibus and no specific overt act has been alleged against petitioners. Petitioners are only alleged to be member of the mob.
5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail and submits that petitioners are named in the F.I.R. with specific allegation that they alongwith others blocked the road and obstructed the traffic for about two hours and thus, they obstructed the police personnel in discharge of their official duty. Petitioner no. 1, who is Mukhiya of the Gram Panchayat, was leading the mob, whereas petitioner no. 2 was present with him. Such type of offence has become rampant now-a-days in the State of Bihar.
6. Considering the aforesaid facts and circumstances, the prayer for anticipatory bail of petitioners is rejected. (Prabhat Kumar Singh, J) anay U T