Dharmendra Mahato @ Upendra Kumar Mahato And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60856 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dharmendra Mahato @ Upendra Kumar Mahato, son of Chhathu Mahato.

2. Noor Alam Ansari, son of Habib Ansari.

3. Dinesh Paswan, son of Pukar Paswan.

4. Dinesh Thakur, son of Raman Thakur.

All resident of village-Hasanpur, P.S. Pipra, District-East Champaran. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioners : Mr. Kundan Rathore, Advocate. For the State : Mr. Ahtash Ali Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 14-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pipra P.S. Case no.11 of 2017 registered under Sections 147, 148, 149, 188, 323, 307, 337, 338, 427, 353, 283 and 504 of the Indian Penal Code.

The accusation is that the informant being the Officer Incharge of the Pipra Police Station was present at the door of the deceased Raj Kapoor Thakur alias Tuntun to maintain the law and order and the family of Raj Kapoor Thakur alias Tuntun was making preparation for his last funeral ceremony. At that time,

Patna High Court Cr.Misc. No.60856 of 2017 (2) dt.14-12-2017 2/3 Anil Singh started to ask that the last funeral ceremony of Raj Kapoor Thakur alias Tuntun would not be performed and asked to take the dead body of Raj Kapoor Thakur alias Tuntun at the police station and burn the police station to ashes. Thereafter, Anil Singh alongwith 500-600 persons carried the dead body of Raj Kapoor Thakur alias Tuntun to the police station, blockade the road and started the abusive language through mike. Thereafter, information was given to higher police officials. While the informant tried to pacify the matter and convince them but all started to damage the main gate of police station. Some persons blockade the Railway Track and N.H.28. Thereafter, on the instigation of Anil Singh, the mob started pelting stones at the police party. At that time, 13 persons, named in the F.I.R., including the petitioners were identified.

Learned counsel for the petitioners submits that, in fact, the petitioners were present to attend the last funeral ceremony of Raj Kapoor Thakur alias Tuntun and they have falsely been implicated in this case. 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

Patna High Court Cr.Misc. No.60856 of 2017 (2) dt.14-12-2017 3/3 bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, in connection with Pipra P.S. Case No.11 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T