Lalit Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63003 of 2017 Arising Out of PS.Case No. -240 Year- 2017 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. LALIT RAI, S/o Jaglal Rai, Resident of Village Gorigama, P.S. Mahua, District- Vaishali.

2. Sandip Kumar, S/o Sikandar Rai, Resident of village Rahsa, P.S. Bhagwanpur, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2018 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Mahua P.S. Case No. 240 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 337, 338, 307, 333, 353, 283 and 504 of the Indian Penal Code as well as 5/6 of E.S.M. Act.

The case of the prosecution is that some unknown persons had blocked the public road and when the Police Party arrived there and tried to clear the road blockage, a mob of about 200-300 pelted stones and assaulted the police party. The FIR has been lodged against 22 named accused persons including the petitioners herein. However, the other accused persons could not

Patna High Court Cr.Misc. No.63003 of 2017 (2) dt.24-01-2018 2/2 be identified.

The learned counsel for the petitioners submits that there is no allegation of any specific overt act as against the petitioners herein and the present occurrence arises out of mob fury. It is further submitted that the petitioners are having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners above named, on anticipatory bail in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Vaishali at Hajipur in connection with Mahua P.S. Case No. 240 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T