Laxman Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48109 of 2015 Arising Out of PS.Case No. -128 Year- 2014 Thana -MUSRIGHARARI District- SAMASTIPUR ======================================================

1. Laxman Ram son of Garbhu Ram, Resident of Village Rupauli P.S. Mushrigharari District Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner, Shri Bavesh Kumar and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Musarigharari P. S. Case No. 128 of 2014 for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 332, 333, 308, 504 and 506 of the Indian Penal Code.

The present case has been lodged by A.S.I., Binod Kumar Singh on 16.09.2014 on the occurrence that had taken place on 15.09. 2014, wherein huge mob of 250-300 people had blocked NH 28 on the ground of murder of one Baleshwar Mahto and the villagers went berserk and started brick batting the police personnel on the basis of which the informant received injury. It has been submitted by the learned counsel for the petitioner that he has a clean antecedent, which finds place in para-3 of the petition. It has further been submitted that in a mob

Patna High Court Cr.Misc. No.48109 of 2015 (2) dt.16-10-2015 2/2 of 250-300 people, it was very difficult to identify, who caused the injury on the informant, much less the petitioner. Learned counsel for the petitioner further submits that the allegations are omnibus and general and the petitioner is innocent and he has no personal enmity with the informant. In fact, he does not even know the informant.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender within a period of six weeks from today, before the Court below, be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand only) with two sureties of the like amount each to the satisfaction of Shri Vivek Bhardwaj, Judicial Magistrate, 1st class, or his successor in office, Samastipur in connection with Musarigharari P. S. Case No. 128/2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Nilu Agrawal, J) Sudha/- U T