Kamlesh Yadav @ Kamlesh Neta And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30143 of 2014 Arising Out of PS.Case No. -50 Year- 2011 Thana -KANKARBAGH District- PATNA ======================================================

1. Kamlesh Yadav @ Kamlesh Neta aged about 44 years, S/o Shambhu Rai.

2. Umesh Rai, aged about 30 years, S/o Sri Raj Nandan Rai, both the residents of Village-Jaganpura, P.S. -Ram Krishna Nagar, Dist. -Patna .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Prakash Ranjan Sinha, Adv. For the Opposite Party/s : Mr. Shardanand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2015 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners, apprehending their arrest in connection with Kankarbagh P.S. Case No. 50 of 2011 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 337, 338, 353, 435 and 427 of the Indian Penal Code and 27 of the Arms Act, seek the privilege of pre-arrest bail. The petitioners are the members of mob and allegedly they blocked the road and in spite of direction by the informant, they did not hear. They pelted stone caused damage to many vehicles and also injured the police personnel. However, after tear gas the mob fled away leaving the dead body.

Submission is that there is no specific allegation against

Patna High Court Cr.Misc. No.30143 of 2014 (2) dt.19-01-2015 the petitioners. One firing has been alleged but no injury has been found and who had fired the shot is not mentioned, to which the learned A.P.P. fairly submits that the petitioners are alleged to be the members of mob.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Kumari Khyati Singh, Judicial Magistrate 1st Class, Patna in connection with Kankarbagh P.S. Case No. 50 of 2011, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T