IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11569 of 2010 SADHU CHOUDHARY @ INDRADEO CHOUDHARY, SON OF SRI JANKI CHOUDHARY, RESIDENT OF MOHALLA-GIRIHINDA, P.S. SHEIKHPURA, DISTRICT- SHEIKHPURA………………………………….PETITIONER. Versus THE STATE OF BIHAR……………......OPPOSITE PARTY. -------- For the Petitioner : M/s. Ajay Kumar Thakur and Amit Kumar, Advocates. For the State : Mr. Chandra Sen Pd. Singh, A.P.P. ---------- With Cr.Misc. No.12482 of 2010 RAJESH KUMAR, SON OF KAMO MAHTO, RESIDENT OF MOHALLA GRINHINDA, P.S. SHEIKHPURA, DISTRICT-SHEIKHPURA………………….PETITIONER. Versus THE STATE OF BIHAR……………….OPPOSITE PARTY. --------- For the Petitioner : Mr. Pankaj Kumar, Advocate. For the State : Mr. Chandra Sen Pd. Singh, A.P.P. ---------- 2. 30.4.2010. Since both cases arise out of the same Sheikhpura P.S. Case No.66/2010, they have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioners and the learned A.P.P. for the State. - 2 - The petitioners seek bail in a case registered under Sections 147, 148, 149, 307, 436, 325, 427, 332 and 353 of the Indian Penal Code. It has been submitted on behalf of the petitioners that as per the allegation the idol of Hanumanjee has been installed on public place and when the same was being removed by the authorities concerned with full dignity and honour about 100- 150 persons started pelting stones and tried to set a hotel and tyre repairing shop on fire. It has also been submitted that there is no specific allegation against the petitioners though they have been named in the First Information Report. There is general and omnibus allegation against the mob and at best the petitioners can be said to be the members of the unlawful assembly. Learned counsel submits that the antecedent of the petitioners are clean. Learned A.P.P. for the State submitted that some persons had received injury due to the pelting of stones. Having regard to the facts and the circumstances of the case, the petitioners, namely, Sadhu Choudhary @ Indradeo Choudhary (in Criminal Misc. No.11569 of 2010) and Rajesh Kumar (in Criminal Misc. No.12482 of 2010) are directed to be - 3 - released on bail on their furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura P.S. Case No.66/2010, with a further condition that one of the bailors in case of each of the petitioners must be the close relative or their family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioners. Further, after their release in this case, if the petitioners are again found to be involved in criminal case of similar nature, the court concerned would be at liberty to take steps for cancellation of their bail bonds. Further, the petitioners shall remain present on each and every date during the course of the trial in the court below. If the petitioners fail to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of their bail bonds. P.S. (Dr. Ravi Ranjan,J)