Vijay Kumar Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29095 of 2018 Arising Out of PS. Case No.-39 Year-2018 Thana- KHAIRA District- Saran ======================================================

1. Vijay Kumar Sharma, son of Rameshwar Sharma.

2. Ramashankar Sharma, son of Shivnarayan Sharma.

3. Chandrika Sharma, son of Mathura Sharma.

4. Lalan Rai alias Lakhan Rai, son of Late Basudeo Rai.

5. Jainath Sharma, son of Babulal Sharma.

6. Jayanarayan Singh, son of Late Ramchandra Singh.

7. Ramayan Bhagat, son of Kallu Bhagat.

8. Gurucharan Mahto, son of Ramashrya Mahto.

9. Keshaw Sharma, son of Brahma Prasad Sharma. All resident of village-Kadipur Bangra, P.S. Khaira (Nagra O.P.), DistrictSaran. ... ... 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 RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Khaira (Nagra) P.S. Case No.39 of 2018 registered under Sections 147, 148, 149, 341, 323, 353, 188, 427 and 504 of the Indian Penal Code.

The accusation is that on receiving the information about the occurrence of "Maar-Peet" in the Panchayat, the informant being the Incharge of Nagra O.P. along with other police officials reached at Chapra Mashrak National Highway Nagra Block Morh and saw

Patna High Court Cr.Misc. No.29095 of 2018(2) dt.10-05-2018 2/2 the mob indulged in blockading the road by putting the bamboo etc. and burning the tyre and in both directions of the road, the vehicle and students, appearing for Matric Examination, were restrained to go to their destination. The mob were armed with lathi, danda, bricks and stones and they were committing "Maar-Peet" and giving the threatening in abusive language to the people. Out of mob of 100 persons, 28 persons including the petitioners were identified. Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. but no specific overt act is attributed to them. The petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-X, Saran, in connection with Khaira (Nagra) P.S. Case No.39 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T