Chand @ Chand Miyan And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38296 of 2015 Arising Out of PS.Case No. -57 Year- 2014 Thana -GOVINDPUR District- NAWADA ======================================================

1. Chand @ Chand Miyan son of Asraf Miyan

2. Md. Manzar Ansari@Langda son of Karu Miyan Both resident of Village- Baksoti,p.s Govindpur,district Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Nayan, Advocate For the Opposite Party/s : Mr. Abhay Kr. Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 427 of the Indian Penal Code.

Prosecution case is that a dead body of abducted boy Sajjad was found for which Govindpur P.S. Case No. 56 of 2014 was registered. On recovery of the dead body the information was given to the relative of the victim. The informant of the kidnapping case along with other villagers surrounded the house of accused Md. Mustak Miyan and attacked on his house. Accordingly, the Sanha was lodged. When the police personnel reached to the

Patna High Court Cr.Misc. No.38296 of 2015 (2) dt.24-09-2015 place of occurrence to investigate the First Information Report named accused along with 50-60 unknown persons pelted stones and damaged the police jeep. It is submitted by the learned counsel for the petitioners that accusation is against mob and the mob was protesting against protecting the accused of a kidnapping case ,where the victim boy was killed at the hands of accused persons. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Govindpur P.S. Case No. 57 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T