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Patna High Court - Orders

Arvind Kumar Verma @ Arvind Kumar Varma & ... vs The State Of Bihar on 8 November, 2012

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.40434 of 2012
                 ======================================================
                 1. Arbind Kumar Verma @ Arvind Kumar Varma,
                 2. Vijay Sainee,
                 3. Anil Kushwaha,
                 4. Raj Kumar alias Chhotu,
                 5. Ram Pravesh Mehta,
                 6. Mahendra Kumar,
                 7. Bhola Ram,
                 8. Ram Swaroop Yadav,
                 9. Kamakhya Narayan Singh,
                 10. Madan Yadav,
                 11. Satendra Yadav,
                 12. Shahnawaj Khan,
                 13. Ganesh Prasad Kusawaha alias Ganesh Prasad Kushwaha,
                 14. Mohan Prasad,
                 15. Satish Kumar,
                 16. Dhananjay Mahto,
                 17. Jyoti Kumar Singh,
                 18. Rakesh Kumar,
                 19. Radhika Devi,
                 20. Manoj Kumar,
                 21. Pramod Kumar Pankaj,
                 22. Haridwar Prasad,
                 23. Ajit Kumar
                                                                      .... .... Petitioner/s
                                                 Versus
                 The State Of Bihar
                                                                 .... .... Opposite Party/s
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
                 SINGH
                 ORAL ORDER

2   08-11-2012

Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,337,338,427,435,353,504,506,307 and 120B of the Indian Penal Code read with sections 25(1-b)A,27 of the Arms Act, sections 3 and 4 of the Explosives Substances Act and section 3(2) E of Prevention of Damage to Public Property Act. Patna High Court Cr.Misc. No.40434 of 2012 (2) dt.08-11-2012 2/3

It is alleged that on 2.5.2012 the informant being the BDO was on law and order duty when a procession of about 3000 people was led by one Raja Ram Singh, Ex-MLA, which was protesting against the death of Devendra Yadav, Panchayat Mukhiya. Subsequently, the procession became furious and started slogan of Maro-Maro and started pelting stones and set the vehicle of the informant on fire while raising slogan against the administration when 29 persons were apprehended.

It is submitted that the names of petitioner nos. 1 to 13 have surfaced on the confessional statement of co accused Raja Ram Singh when names of rest of the petitioners sprang up since their vehicles were found parked 2 K.Ms away from the place of occurrence. It is further submitted that accusation is against the mob of three thousand people when accusation is not specific against these petitioners and statement has been made in paragraph 17 of the petition that the petitioners have no criminal antecedent.

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 twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Patna High Court Cr.Misc. No.40434 of 2012 (2) dt.08-11-2012 3/3 Aurangabad Town P.S. Case No. 155 of 2012 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/-