Binod Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52905 of 2018 Arising Out of PS.Case No. -157 Year- 2018 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================

1. Binod Sah

2. Lalu Sah Both sons of Sri Suraj Sah Residents of Village Bahadurpur, P.S. Goraul, District Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhubneshwar Prasad For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

At the outset, it is submitted that during pendency of this application, the petitioner No. 2 has already been arrested. Accordingly, this application with regard to petitioner No. 2 is dismissed as withdrawn.

The petitioner No. 1 is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 307, 152, 353, 504 of the Indian Penal Code.

The prosecution case, in brief, is that when the local administration came to pacify the matter arisen from installing an idol of Hamumanji, the accused persons started pelting stones on police party, in which, one male and one female constable sustained injuries.

Patna High Court Cr.Misc. No.52905 of 2018 (2) dt.09-10-2018 It has been submitted on behalf of the petitioner No. 1 that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner No. 1. Altogether 16 persons have been named in the FIR along with 30-40 unknown persons. General and omnibus allegation has been made against the petitioner No. 1. No specific allegation has been levelled against the petitioner No. 1. The local residents protested on the removal of idol of Hanumanji.

On behalf of the State, it is submitted that the petitioner No. 1 is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner No. 1, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist Class, Vaishali at Hajipur in connection with Goraul P.S. Case No. 157 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T