Jagdish Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6935 of 2018 Arising Out of PS.Case No. -53 Year- 2017 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Jagdish Rai, S/o Ram Lagan Rai,

2. Surendra Rai S/o Chulhai Rai, Both R/o Village- Manika Harikesh Tole Shera, P.S.- Mushahari, District- Muzaffarpur. .... .... 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 RAJEEV RANJAN PRASAD ORAL ORDER 17-02-2018 Heard learned Senior Counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mushahari P.S. Case No.53 of 2017 registered under Sections 147, 148, 149, 341, 323, 307, 353, 452, 427, 120(B), 283 of the Indian Penal Code.

It is alleged that these two petitioners were the members of the mob who have been identified by the informant and t he allegations against these petitioners are that they were creating a law and order problem while protesting against the accidental death of 13 years old boy. Learned Senior Counsel submits that the allegations against these petitioners are in the nature of general and omnibus allegations. It is also pointed out that in Cr. Misc. No.44599 of 2017, a Co-ordinate Bench of this

Patna High Court Cr.Misc. No.6935 of 2018 (2) dt.17-02-2018 2/2 Court has been pleased to grant privilege of anticipatory bail to a similarly situated accused Ramesh Kumar.

It is further submitted that the petitioners undertake to co-operate in course of trial.

Learned A.P.P. for the State is present.

Considering the facts and circumstances that there are general and omnibus allegations against the entire mob and no specific role has been attributed to these petitioners as also that one of the co-accused similarly situated has been granted privilege of bail by a Co-ordinate Bench of this Court, in case of their arrest/surrender before the court below within four weeks, let the above named petitioners, namely, Jagdish Rai and Surendra Rai, be enlarged on bail on furnishing bail bonds of Rs.15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Judge, 6th, Cum Additional Chief Judicial Magistrate, Muzaffarpur, in connection with Mushahari P.S. Case No.53 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and that they will co-operate in course of trial.

(Rajeev Ranjan Prasad, J) N.H./- U T