Mahesh Prasad Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51643 of 2017 Arising Out of PS. Case No.-145 Year-2013 Thana- JANDAHA District- Vaishali ======================================================

1. Mahesh Prasad Sah,

2. Arun Kumar Sah,

3. Surendra Kumar Sah All Sons of Yogendra Sah,

4. Shambhu Lal Sah @ Babloo, Son of Not Known. null

5. Md. Moti Alam S/o Md. Jhunjhun, R/o Village- Panapur Silaubhar, P.S.- Jandaha, District- Vaishali.

6. Sunil Kumar Sah, Son of Late Udit Sah, Petitioner No. 1 to 4 & 6 R/o Village- Silaubhar, P.S.- Jandaha, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-11-2017 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 337, 353, 504 and 307 of the Indian Penal Code and Section 13 of the Unlawful Activities (Prevention) Act,1967. Prosecution case is that when a child was killed in a road accident and protest was made, the mob blocked the road for a considerable period causing inconvenience to the people and also pelted stones on the police personnel.

It is submitted by learned Counsel appearing on behalf of

Patna High Court Cr.Misc. No.51643 of 2017(2) dt.10-11-2017 2/2 the petitioners that the accusation is omnibus and general. A statement has been made in paragraph no.3 of the petition that the petitioners have no criminal antecedent.

It is submitted by learned APP for the State that case was registered in 2013, when the present application with a prayer for bail has been preferred in 2017.

Considering the nature of accusation being omnibus and general against mob, in the background of death of a child in a road accident coupled with statement made in paragraph no.3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 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 the learned C.J.M., Vaishali, in connection with Jandaha P.S. Case No. 145/2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T