IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11405 of 2009 MITHILESH SINGH, SON OF BABU LAL SINGH, RESIDENT OF MEHANDIYA, P.S. MEHANDIYA, DISTRICT-ARWAL……………………………………………PETITIONER. Versus THE STATE OF BIHAR…………………………………………………OPPOSITE PARTY. ----------- With Cr.Misc. No.14106 of 2009 1. SHIV PRASAD SINGH, SON OF JAGARNATH SINGH. 2. BANWARI SINGH, SON OF CHULHAN SINGH, BOTH OF VILLAGE AND P.S. MEHANDIYA, DISTRICT-ARWAL………………………………….PETITIONER. Versus THE STATE OF BIHAR…………………………………………………OPPOSITE PARTY. ----------- With Cr.Misc. No.16075 of 2009 1. LALA SINGH, SON OF NARESH SINGH. 2. MANTU SINGH, SON OF SRI UDAY SINGH. BOTH RESIDENTS OF VILLAGE AND P.S. MENHDIA IN THE DISTRICT OF ARWAL……………………………………………………………….PETITIONER. Versus THE STATE OF BIHAR…………………………………………………OPPOSITE PARTY. ----------- With Cr.Misc. No.16406 of 2009 RAMAKANT SINGH, SON OF SHRI JAGARNATH SINGH, RESIDENT OF VILLAGE MAHENDIA, P.S. MAHENDIA, DISTRICT-ARWAL……………………..PETITIONER. Versus THE STATE OF BIHAR……………………………………………….OPPOSITE PARTY. ----------- With Cr.Misc. No.16682 of 2009 1. CHHATHU KUMAR, SON OF RAM AKSHAYA SINGH. 2. MUKESH KUMAR, SON OF BIRJA SINGH. BOTH RESIDENT OF VILLAGE MAHENDIYA, P.S. MAHENDIYA, DISTRICT- ARWAL…………………………………………………………….PETITIONER. Versus THE STATE OF BIHAR………………………………………………..OPPOSITE PARTY. ----------- For the Petitioners : Mr. Ram Suresh Rai, Senior Advocate (in Criminal Misc. No. 16406 - 2 - of 2009, Mr. Ramakant Sharma, Senior Advocate(in Criminal Misc. Nos.14106 of 2009, 16682 of 2009 and 16075 of 2009) and Mr. Shiv Nandan Prasad, Advocate (in Criminal Misc. No.11405 of 2009). For the State : Mr. Jharkhandi Upadhyay, A.P.P. (in all cases). ------------- O R D E R 3. 15.05.2009 Criminal Misc. No.11405 of 2009, preferred by Mithilesh Singh, Criminal Misc. No.14106 of 2009, preferred by Shiv Prasad Singh and Banwari Singh, Criminal Misc. No.16075 of 2009, preferred by Lal Singh and Mantu Singh, Criminal Misc. No.16406 of 2009, preferred by Ramakant Singh and Criminal Misc. No.16682 of 2009, preferred by Chhathu Kumar and Mukesh Kumar, have been taken up together as they arise out of the same Mehandiya P.S. Case No.44 of 2008 registered under Sections 302, 307, 436 and other allied Sections of the Penal Code and having been heard together they are being disposed of by this common order. All the petitioners of the five cases are F.I.R. named accused and they are sought to be prosecuted on the ground of being armed with deadly weapons and pursuant to caste rivalry assaulting Raghulal Yadav with lathi as a result whereof he fell to the ground with a fractured head and died at the spot. As per the allegations made in the written report submitted by the informant, Rajesh Kumar, which forms the very basis of the police case it was Munna and Manish who gave the fatal blow with lathi on the head of Raghulal Yadav, which caused his death. Prior thereto Munna Singh, Manish Singh, Mithilesh Singh and Ramakant Singh are alleged to have assaulted the said Raghulal Yadav with lathi - 3 - felling him on the ground. There is also allegation of Meghnath Singh, Mantu Singh and Lala Singh, assaulting Sriniwash Yadav with lathi on the head causing bleeding injury. It was also alleged that the mob set fire to the house of the informant and while departing shouted slogans of “Bhumiar Ekta Zindabad”. All the petitioners herein were mere members of the mob of Bhumiars who allegedly had adopted an aggressive role against the members of the Yadav community but no overt act has been alleged against them save and except Munna, Manish, Mithilesh, Lala, Mantu and Ramakant. In that view of the matter, the petitioners, namely, Shiv Prasad Singh, Banwari Singh, Chhathu Kumar and Mukesh Kumar, being unarmed members of the mob are directed to be released on bail on each of them furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad, in connection with Mehandiya P.S. Case No.44 of 2008. The details of injuries sustained by injured Sriniwash Yadav, have not been dealt with by the Sessions Court in any of the orders but from paragraph-9 of the application filed by Lala Singh and Mantu Singh, it would appear that Sriniwash Yadav, sustained two injuries which were simple in nature. So far as Mithilesh Singh and Ramakant Singh are concerned, they conjointly with Munna Singh and Manish Singh assaulted Raghulal Yadav felling him to the ground but the subsequent - 4 - lathi blows dealt by Munna Singh and Manish Singh, resulted in the fractured head of Raghulal Yadav which occasioned in his instantaneous death. Therefore, blows dealt by Munna and Manish presumably led to the death of Raghulal Yadav. In that view of the matter, the petitioners, Mithilesh Singh, Lala Singh, Mantu Singh and Ramakant Singh, are also directed to be released on bail on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad, in connection with Mehandiya P.S. Case No.44 of 2008. P.S. (Abhijit Sinha,J)