Birendra Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1658 of 2016 Arising Out of PS.Case No. -102 Year- 2015 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================
1. Birendra Rai son of Jiladar Rai
2. Ajay Rai son of Jiladar Rai
3. Vijay Rai son of Jiladar Rai
4. Shambhu Rai son of Dille Rai
5. Sanjay Rai son of Dille Rai
6. Mahendra Rai son of Late Ram Dayal Rai
7. Yogendra Rai son of Late Ram Dayal Rai
8. Sunerdeo Rai son of Shiv Shanker Rai
9. Indradeo Rai son of Shiv Shanker Rai
10. Vijay Rai son of Sunerdeo Rai
11. Shailesh Rai son of Kuldeep Rai
12. Pundeo Manjhi son of Late Badri Manjhi
13. Lahwar Mahto @ Lawbher Mahto son of Late Amawas Mahto
14. Vidya Rai son of Late Moti Lal
15. Rakesh Sah son of Bharat Sah
16. Sukandar Sah @ Surendra Sah son of Mangru Sah
17. Suresh Mahto son of Late Kailash Mahto
18. Umesh Manjhi son of Late Kailash Manjhi
19. Raju Sah son of Rajbali Sah All are resident of Village- Khaira Azam, Malikana, Police StationBaikunthpur, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghulam Rabbani, Advocate For the Opposite Party/s : Mr. A.M.P. Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 307, 353, 337, 504, 506,
Patna High Court Cr.Misc. No.1658 of 2016 (2) dt.13-01-2016 427, 338, 109 of the Indian Penal Code.
The prosecution case is that the police received information about blocked of Mohammadpur DighwaDubauli Bazar Road by a mob. The informant being S.I. of Baikunthpur Police Station reached to the spot, where the mob raised slogan against police administration and assaulted him. On interrogation, it was found that one Abhijit Kumar and his associates brutally assaulted Lalu Rai, his wife and daughter-in-law. Since, the land in question of Lalu Rai was vacated by Abhijit Kumar, but the police did not take any action against Abhijit Kumar. The police tried to pacify the mob, but the mob attacked on the police vehicle and started throwing bricks. They wanted to confine the police personnel in Panchayat Bhawan. During pelting stones, the police personnel received injuries.
It is submitted by the learned counsel for the petitioners that the present case has been lodged by the police to save his own skin for not taking action against Abhijit Kumar. The First Information Report has been lodged against 59 named persons and 200-300 unknown persons and considering the nature of accusation, co-accused have been granted bail vide Cr. Misc. No. 42747 of 2015 by a Coordinate Bench of this Court.
Considering the accusation against mob, let
Patna High Court Cr.Misc. No.1658 of 2016 (2) dt.13-01-2016 the above named petitioners be released on bail in the event of their arrest or 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 the like amount each to the satisfaction of learned Sri Arun Tiwari, J.M., Ist Class, Gopalganj in connection with Baikunthpur P.S. Case No. 102 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T