IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20686 of 2010 Maksood Alam, son of Late Abdul Razzak, resident of Mohalla- Paithan Toli, Aurangabad, P.S. Aurangabad (Town), District- Aurangabad. ……………………….Petitioner. Versus The State of Bihar …………………………Opposite Party. ----------- 2. 21. 06. 2010. Heard the parties. The petitioner apprehends his arrest in a case instituted for offences under Sections 307, 326, 353 and some other allied and minor offences of the Indian Penal Code. According to the prosecution case, while the informant along with other Police personnel were removing the encroachment on G.T. Road near Ramesh Chak, in the town of Aurangabad, a mob of more than 100 people are alleged to have pelted stones and are also alleged to have raised slogan against the police administration. Learned counsel for the petitioner submits that even according to the prosecution case, not even a single person has sustained injury in the occurrence in question. The petitioner is said to be one of the member of the mob and no specific allegation has been assigned against the petitioner for committing the crime in question. It is also submitted that in fact, local people were protesting against the police excesses while removing the encroachment from G.T. Road and for that reason the present criminal case was lodged. Be that as it may, in view of facts that no body has sustained injury from the side of the prosecution and the petitioner is 2 merely alleged to be member of a mob, in the event of his arrest/surrender in connection with Aurangabad (Town) P.S. Case No. 399/2009, within a period of four weeks from today, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. and subject to further condition; (a) that one of the bailors must be Govt. servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. m.p. ( Birendra Prasad Verma, J.)