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Patna High CourtCR. MISC./37911/2018bail granted

Ravi Kumar @ Ravi Ranjan Kumar And ORS v. The State Of Bihar

2018-07-05Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37911 of 2018 Arising Out of PS. Case No.-157 Year-2017 Thana- HATHUA District- Gopalganj ======================================================

1. Ravi Kumar @ Ravi Ranjan Kumar, S/o Nand Kishore Prasad,

2. Vicky Prasad @ Vicky Kumar S/o Jitendra Prasad,

3. Nikesh Sah @ Nikesh Kumar S/o Anil Sah,

4. Manu Singh @ Mannu Singh S/o Lal Bahadur Singh,

5. Raja Patel S/o Shambhu Patel, All are R/o Vill.- Turapatti, P.S.- Hathuwa, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-07-2018 Heard learned counsel 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, 332, 351, 353, 307 and 427 of the Indian Penal Code.

The prosecution case as per the written report of Dr. Anil Kumar Choudhary submitted to the SHO, Hathuwa police station is to the effect that the informant is posted at Sub-Divisional Hospital, Hathuwa. On 21.10.2018 at 8:00 A.M. one boy, namely, Ravi Kishun Kumar was brought dead due to electric shock. The informant was going to examine him, in the meantime,

Patna High Court Cr.Misc. No.37911 of 2018(2) dt.05-07-2018 2/3 about 100 co-villagers of Ravi Kishun Kumar came and started abusing and assaulting the informant, then he hid in the emergency ward to save himself. It is also alleged that one of the staff namely, Ghanshyam Mishra was assaulted by the miscreants. The F.I.R. has been registered against one hundred unknown persons.

It is submitted by learned counsel for the petitioners that the F.I.R. has been registered against one hundred unknown persons. The name of the petitioner sprang up during investigation, after considerable delay of registration of the F.I.R. It is further submitted that the accusation is against the mob and only on suspicion, the petitioners have been roped in the present case. Learned APP submits that during investigation the name of the petitioners sprang up.

Considering the fact that name of the petitioners sprang up during investigation at a belated stage, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks 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 Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.37911 of 2018(2) dt.05-07-2018 3/3 Gopalganj in connection with Hathuwa P.S. Case No. 157 of 2017, subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U