IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12703 of 2009 1. Prem Sharma 2. Dhananjay Sharma both sons of Rajdeo Sharma resident of village Suryapur Gadiani, P.S. sri Nagar Pujhan District West Champaran. 3. Ajahar Mian son of Ajij Mian 4. Arbej Mian alias Abbas Mian son of Taj Mohammad Mian 5. Nawbir Sharma alias Nawbir Mian son of Ajahar Mian 6. Ramaji Sharma son of Bhola Sharma Residents of village Pakhnaha Bazar, P.S. Bairiya District West Champaran. 7. Ravindra Mahato alias Birendra Prasad son of Mangal Mahato resident of village Suryapur Gadiani, P.S. Sri Nagar Pujhan District West Champaran. Versus STATE OF BIHAR ----------- 2 18/05/2009 Heard learned counsel for the petitioners and learned counsel for the State. The criminal case at hand has been lodged by an official of the Forest department posted in Bettiah district alleging that some persons heading the mob prohibited seizure and removal of an illegally operated saw mill and logs etc. The mob caused damage to the vehicles of the Forest department and injuries were sustained by some of the officials. Considering that the names of petitioner nos. (1) Prem Sharma and (2) Dhananjay Sharma figured prominently amongst the leaders of the mob, their prayer for anticipatory bail is rejected. If they surrender in the court below within six weeks in the instant case and pray for regular bail then their case should be considered on merit without being prejudiced by this order. So far as petitioner nos. 3 to 7 are concerned, the allegation - 2 - appears to be general in nature to the effect that they were members of the mob and identified as such. In that view of the matter the prayer for anticipatory bail of petitioner nos. (3) Ajahar Mian, (4) Arbej Mian alias Abbas Mian, (5) Nawbir Sharma alias Nawbir Mian and (7) Ravindra Mahato alias Birendra Prasad is allowed. In the event of their arrest or surrender in the court of Shri K. P. Singh, J. M. Bettiah in connection with case no. 67-F/2007 within six weeks from today, they shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri K. P. Singh, J.M. Bettiah subject to the conditions as laid down under section 438(2) Cr.P.C. The prayer for anticipatory bail of petitioner no. 6 Ramaji Sharma is dismissed as infructuous as he is said to have been taken into custody. (Shiva Kirti Singh, ACJ.) AMIN