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Mr. Mukesh Kumar Singh, the learned counsel for the appellant submits that the appellant is not named in the FIR. The name of the appellant surfaced in the case during the course of investigation in para 49 of the case diary. The Dy.S.P. supervised the case and mentioned the name of the appellant and others who participated in mob lynching of three persons on the allegation that they were cattle lifters. It is further submitted that Baniyapur P.S. Case No.230 of 2019 was registered on the statement of Budhram. The appellant is a student and he has got no criminal antecedent.

The learned Special P.P. however, vehemently opposed the prayer for anticipatory bail of the appellant and submits that the mob lynched three persons on the allegation that they were cattle lifters. During the course of investigation, the name of the appellant also transpired. The offence is of very serious nature, therefore, the appellant does not deserve anticipatory bail. Patna High Court CR. APP (SJ) No.5751 of 2019(5) dt.18-03-2021 Having considered the submissions of both sides and on perusal of the record, it transpires that the informant whose brother was also lynched by the mob disclosed that Raju Nat and Videsh Nat took his brother, Naushad Alam for loading the cattle, but when Naushad Alam, Raju Nat and Videsh Nat arrived at village Pithauri Nand Lal Tola, all the villagers including the present Mukhiya, Sarpanch, namely, Raju Kumar Rai and others assembled there, assaulted his brother and two others indiscriminately causing the death of all the three persons on the spot. During the course of investigation, the involvement of the appellant also surfaced. The offence is very serious in nature and it relates to mob lynching of three persons on petty allegation of cattle lifters.