IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49327 of 2007 HARI MOHAN BHAGAT @ RAJU BHAGAT & ORS Versus STATE OF BIHAR ----------- 6. 22.08.2008 Heard learned counsel for the petitioners and the State. Petitioners are accused for offences under Section 307, 379 and other allied Sections of the Indian Penal Code and 27 of the Arms Act vide Ramgarhwa P.S. Case No. 94 of 2000. It is submitted that the anticipatory bail application on behalf of these petitioners, allegedly led the Mob and pelted stones, were rejected earlier by this court as per order dated 6.09.2001, (Annexure-1). The other 25 co-accused including one Manoj Kumar who also allegedly leading the Mob comprising of 250-300 people blocking the National High Way and assaulted with stones to the Constable Laxman Mahto was allowed anticipatory bail by this court as per order dated 10.01.2001 vide Annexure-4. It is further submitted that the injuries allegedly sustained in the occurrence by some of the injured, were found to be simple in nature and the firing made by some one from the Mob did not hit any one nor any empty 2 cartridge were found by the police from or near the place of occurrence. It is further submitted that by order dated 7.07.2008, a report was called for from Superintendent of Police, West Champaran by this court as to the reason for the pendency of the investigation of the case in question with further direction that the investigation be concluded without unnecessary delay. Thereafter only police submitted charge sheet on 24.07.2008, vide Memo No. 85 of 2008 dated 24th July 2000, against 26 named accused persons but the petitioners have not been charge sheeted as yet for want of material against them even after long period of investigation. It is further submitted that by order of the Superintendent of Police contained in Memo No. 4052 dated 19th September 2003, (Annexure-3) further arrest of co-accused were stayed. Learned Addl.P.P. On the other hand, submits upon perusal of the case diary that injuries have been found on due to pelting of stones and assault by stones however, they were found to be simple in nature. Considering the above, it is directed that in the event of arrest or surrender within a period of four weeks from today, the 3 petitioners, namely, Hari Mohan Bhagat @ Raju Bhagat, Binod Yadav, Abhimanyu Singh and Sanjiv Kumar Singh be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., East Champaran, Motihari in connection with Ramgarhwa P.S. Case No. 94 of 2000 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- ( Shailesh Kumar Sinha,J.)