Ram Pandey @ Ram Kumar vs The State Of Bihar
2021 Latest Caselaw 1204 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31866 of 2020
       Arising Out of PS Case No.-127 Year-2018 Thana- MAHUA District- Vaishali
======================================================

Ram Pandey @ Ram Kumar, Male, aged about 30 years, Son of Awadh Pandey @ Awadhesh Kumar Pandey @ Avdesh Kumar Pandey, Resident of Village- Suratpur Vidya, PS- Mahua, District- Vaishali.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the State : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-03-2021

Heard Mr. Rajesh Kumar, learned counsel for the

petitioner and Ms. Anita Kumari Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Mahua PS Case No. 127 of 2018 dated 29.05.2018, instituted

under Sections 147/149/353/504/283 of the Indian Penal Code and

5/6 of the Essential Services Maintenance Act, 1968.

3. The allegation against the petitioner, along with 17

other named persons and 75 unknown persons, is of forming

illegal assembly, abusing government employees and deterring

public servants from discharging their duties. It was submitted that

as per the FIR, people had gathered demanding compensation for

the death of a buffalo of Sanjay Kumar who was also injured due Patna High Court CR. MISC. No.31866 of 2020 dt.02-03-2021

to electric current and had also indulged in unlawful activity. It

was submitted that no specific overt act has been alleged against

the petitioner and further that he did not carry any criminal

antecedent and only after more than a year of the present case,

another case under the Excise Act has been instituted in which he

is accused.

4. Learned APP submitted that the petitioner was part of

the unlawful mob. However, she did not controvert that there is no

specific allegation of any overt act against the petitioner.

5. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Vaishali at Hajipur in Mahua PS

Case No. 127 of 2018, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioner, and (ii) that the petitioner and the bailors shall execute

bond with regard to good behaviour of the petitioner and the

petitioner shall cooperate with the police/prosecution and the Patna High Court CR. MISC. No.31866 of 2020 dt.02-03-2021

Court. Any violation of the terms and conditions of the bonds or

failure to cooperate shall lead to cancellation of his bail bonds.

6. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T