Mukesh Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37629 of 2016 Arising Out of PS.Case No. -69 Year- 2016 Thana -KHIJARSARAI District- GAYA ======================================================

1. Mukesh Kumar Son of Umesh Yadav

2. Manoj Yadav Son of Rajendra Yadav

3. Arun Ram son of Late Dowarika Ram.

4. Pankaj Kumar son of Arun Ram.

5. Kuldip Chaudhary Son of Late Sita Ram Chaudhary

6. Basant Mahato Son of Late Hiraman Mahato

7. Mahesh Yadav Son of Chhathu Yadav

8. Arvind Yadav Son of Late Kailu Yadav

9. Pinku Paswan Son of Rajdeo Paswan @ Ramdeo Paswan

10. Ramanuj Prasad @ Chamaru Son of Late Valgobind Mahato

11. Rambali Mahato son of Late Basudeo Mahato all resident of Village - Hemara, P.S. Khizarsari, Dist Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-09-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 143,145,147,149,151,152,153A,323,353 and 427 of the Indian Penal Code.

The prosecution case is that the informant Gaurav Sindhu, Officer Incharge of Khizarsarai police

Patna High Court Cr.Misc. No.37629 of 2016 (2) dt.14-09-2016 2/3 station while on duty on 17.4.2016 at 9.30 A.M. received confidential information that the idol was not able to cross since Md. Javed constructed stairs encroaching on the pathway, hence people started demolishing the newly constructed stairs of Javed. On information BDO, C.O. and officer incharge of other police stations also reached when the mob started pelting stones as a result they received injuries. Some persons including the petitioners were identified on the spot leading to registration of FIR against thirty three named and about one hundred fifty unknown. It is submitted by the learned counsel for the petitioners that the accusation is omnibus and general. The investigation has already concluded. It is further submitted that a case was lodged from the petitioners side at earlier point of time.

Considering the accusation against the mob, 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) each with two sureties of the like amount each to the satisfaction of learned ACJM-3, Gaya, in connection with Khizarsarai

Patna High Court Cr.Misc. No.37629 of 2016 (2) dt.14-09-2016 3/3 P.S. Case No.69 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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