Suchit Yadav @ Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50275 of 2019 Arising Out of PS. Case No.-55 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== 1.
SUCHIT YADAV @ SUJIT KUMAR aged about 26 years, Son of Situ Yadav 2.
Umesh Sao @ Umanand Sao, aged about 45 years, Son of Late Basu Sao Both Resident of Village- Mahsai, P.S.- Rajauli, District- Nawada. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma, Advocate Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr.Rajendra Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-10-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are seeking anticipatory bail in connection with Rajauli P.S. Case No. 55 of 2019 registered under Sections 147, 148, 149, 387, 307, 353, 504, 337, 338 of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioners are among the 100 persons who allegedly came at Rajauli Police Station and were indulged in raising slogan against the S.H.O. and was mounting pressure to release the trolley. It is also alleged that the persons who had assembled there were pelting stones on the police force
Patna High Court CR. MISC. No.50275 of 2019(3) dt.22-10-2019 2/3 and out of them three persons namely Gaya Sao, Manoj Sao and Surendra Prasad alias Bhushan Prasad were caught by the police.
So far as these petitioners are concerned, no overt act has been alleged against them and there is no allegation that they were found pelting stones. Their name has come in the F.I.R. as being the members of the mob.
Learned A.P.P. for the State has gone through the case diary and has submitted that although the petitioners are said to be the members of the mob but in the case diary no material has come against the petitioners to show that they were involved in stone pelting.
In the given facts and circumstances of the case where although the petitioners are said to be the members of the mob but there is no specific allegation of stone pelting and assault has been caused by these petitioners, let the above-named petitioners, in the event of their arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.50275 of 2019(3) dt.22-10-2019 3/3 learned C.J.M., Nawada, in connection with Rajauli P.S. Case No. 55 of 2019, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U T