IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7452 of 2008 MATHURA NAND JHA & ANR Versus TH STATE OF BIHAR ----------- 2. 02.5.2008 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek anticipatory bail in a case under Sections 341, 342, 323, 353,506, 290, 291 and 160 of the Indian Penal Code. The allegation against the petitioners is that they along with 5-6 other persons were at the head of a mob of 40-50 persons which had blocked the public road in protest against the bungling by the Mukhiya in the distribution of flood relief materials and further, when the informant-Block Development Officer-cum-Circle Officer had gone to pacify them they threatened him with dire consequences and ultimately on the intervention of the senior Police/ Executive Officers the blockade, which was going on since morning, was lifted at 9 O’clock in the night. Learned counsel for the petitioners submits that it is the Mukhiya who was responsible for committing illegality in the distribution of flood relief materials and the petitioners had, for the said reasons, protested against such action of the Mukhiya. It is further submitted that in a group of 40-50 persons these two petitioners along with few others have been picked up and falsely implicated in this case. Learned Additional Public Prosecutor opposes the prayer for anticipatory bail stating that the petitioners have by their actions not only obstructed the performance of duties by the public servants but also kept the - 2 - road blocked for such a long period of time causing serious inconvenience to the member of the public who can in no way be blamed for the fault of the Mukhiya even if it is assumed that the Mukhiya was at fault for the distribution of the flood relief materials. On a consideration of the facts and circumstances of the case, this Court does not consider it a fit case for grant of anticipatory bail to the petitioners. The prayer is accordingly rejected. S. Pandey ( Ramesh Kumar Datta, J. )