Mithilesh Patel And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54227 of 2015 Arising Out of PS.Case No. -375 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Mithilesh Patel, Son of Shri Kishore Patel, aged about 19 years.

2. Guddu Patel, Son of Sri Raj Kumar Patel, aged about 19 years

3. Nitesh Patel, Son of Shri Kishore Patel, aged about 16 years,

4. Shankar Patel, Son of Sri Vijay Patel, aged about 20 years

5. Akhilesh Patel, Son of Shri Kishore Patel, aged about 23 years

6. Heman Paswan, Son of Shri Jugal Paswan, aged about 20 years

7. Chandradeep Paswan, Son of Shri Suraj Paswan, aged about 25 years .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Ranjan, Advocate For the Opposite Party/s : Mr. U.L.Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-11-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 353, 323, 332, 333, 307, 342, 337, 338, 435 of the Indian Penal Code and 3/4 of the Essential Services Maintenance Act. The prosecution case is that one Naresh Ram was killed when mob of 200 people put the dead body on the road, blockade the traffic and made assault to the police personnel by pelting stones.

Patna High Court Cr.Misc. No.54227 of 2015 (2) dt.30-11-2015 2/2 It is submitted by learned counsel for the petitioners that accusation is against the mob and a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. In fact the mob was protesting against the murder of the innocent person, hence, the police in order to save their own skin lodged the present case maliciously.

Considering the aforesaid facts, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Mahua P.S. Case No.375 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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