← Library
Patna High CourtCR. MISC./25287/2016dismissed

Rajendra Turha And ANR v. The State Of Bihar

2016-06-15Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25287 of 2016 Arising Out of PS.Case No. -297 Year- 2016 Thana -SIWAN CITY District- SIWAN ===========================================================

1. Rajendra Turha Son of late Daroga Turha

2. Jai Kishun Turha Son of Ganga Turha Both Resident of Village- Hatta Jalalpur PS Hasanpur, District Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 15-06-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in Siwan Town P.S. Case No. of dated 15.04.2016 instituted under Sections 147/148/149/188/153A/295/295A/353/307/332/333/427/435/109/120 B of the Indian Penal Code.

The allegation against the petitioners is that they were members of a mob which had pelted stones on the Magistrate and the police party who were there to maintain law and order.

Patna High Court Cr.Misc. No.25287 of 2016 dt.15-06-2016 2/2 Learned counsel for the petitioners submits that they have been made accused without there being any specific overt act alleged against them and that both are resident of another village and sell vegetables for their livelihood. It is further submitted that they had no connection with the incident and have been falsely implicated having clean antecedent being in custody since 19.04.2016. Learned A.P.P. submits that the mere fact that the petitioners have been named in the F.I.R. and in a case which relates to maintenance of law and order and the social fabric of the society and also the harmony between communities, the petitioners having been part of a mob which indulged in pelting stones on the Magistrate and the police party and no reason shown for false implication, they do not deserve any sympathy.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioners on bail.

Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR N/A CAV DATE N/A Uploading Date 15.06.2016 Transmission Date 15.06.2016