Ramashankar Ray And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28372 of 2015 Arising Out of PS.Case No. -11 Year- 2015 Thana -KHAIRA District- SARAN ======================================================

1. Ramashankar Ray Son of Late Asharfi Ray

2. Jaglal Rai Son of Late Asharfi Ray

3. Deepak Kumar Son of Gourishankar Ray All are residents of Village - Nabiganj, P.S. - Kharia (Nagra), District - Saran.

4. Pradeep Kumar Son of Shambhu Prasad

5. Chandan Kumar alias Madan Sah Son of Puran Sah

6. Om Prakash Sah Son of Alakhdeo Sah All are residents of Village - Nagra, P.S. - Khaira (Nagra), District - Saran.

7. Amit Rai Son of Gopal Rai a resident of Village - Banswariya, Tola - Nagra, P.S. - Khaira (Nagra), District - Saran.

8. Vikash Kumar Sah @ Vikash Rai Son of Ramnajar Sah a resident of Village - Nagra, P.S. - Nagra O.P./Khaira, District - Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-07-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 307 and other sections of the Indian Penal Code.

The prosecution case, as per written report of A.S.I., Md. Khalil of Khaira (Nagra O. P.) P.S. in the district of Saran, is that while the procession was going to immerse the idol of goddess Sarswati, Ranjit Kumar threw Abir (colour) on some people of

Patna High Court Cr.Misc. No.28372 of 2015 (2) dt.23-07-2015 2/2 Muslim community due to which both communities started pelting stones on each other and when the informant reached to the place of occurrence the mob tried to cause burn injuries to the informant. The FIR was lodged against 29 named persons. It is submitted by the learned counsel for the petitioners that the accusation is against the mob and statement has been made in paragraph 3 of the application that petitioners have got no criminal antecedent. Other accused persons have been granted anticipatory bail vide orders passed in Cr. Misc. Nos. 18307/15, 18650/15 and 20162/15.

Considering the aforesaid facts, 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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S. D. Bharti, learned JM, Chapra in connection with Khaira (Nagra) P.S. Case No. 11/15 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) BKS/- U T