Rajesh Sah @ Bhardul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60130 of 2017 Arising Out of PS. Case No.-62 Year-2017 Thana- PURANHIA District- Sheohar ====================================================== Rajesh Sah @ Bhardul, Son of Late Mohan Sah, resident of VillageBasantpatti, P.S.- Purnahiya, District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149,323, 341, 386, 387, 389, 427, 440,436, 455, 457, 354, 354A and 448 of the IPC.

The prosecution case is that on 05.08.2017, due to rash and negligent driving of the motorcycle by Raushan Kumar Pandey, the son of the present informant, one Kishan Das aged about eight years was dashed, who subsequently, succumbed to the injuries during treatment, leading to registration of Purnahiya P.S. Case No. 60 of 2017. The mob of more than 200 people were protesting against the road accident and inaction of the police when it is alleged that the mob blocked the road. The mob was being led by Pawan Singh, being the Sarpanch of the Panchayat, who instigated the mob, as a result the mob forcibly

Patna High Court Cr.Misc. No.60130 of 2017(2) dt.13-12-2017 2/2 entered into the house of the informant and thereafter, they tried to set the house of the informant on fire and robbed the articles. It is submitted by learned counsel for the petitioner that the accusation is against the mob. The FIR has been lodged against 19 named and 200 unknown persons. The accusation is not specific against the petitioner. Moreover, the police in order to save their skin, from the protest being made for inaction in the accident case, have maliciously lodged the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Considering the accusation against the mob and that the petitioner is not having any criminal antecedent, let the above named petitioner 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) with two sureties of like amount each to the satisfaction of learned SDJM, Sheohar in connection with Purnahiya P.S. Case No. 62 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.