IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2652 of 2011 WAKAISH MIAN @ MD. OKAISH Versus THE STATE OF BIHAR with Cr.Misc. No.3486 of 2011 ALI ZAFAR Versus THE STATE OF BIHAR with Cr.Misc. No.4564 of 2011 SHAMIM AKHTAR @ MISRI Versus THE STATE OF BIHAR with Cr.Misc. No.6130 of 2011 NEK MOHAMMAD & ORS. Versus THE STATE OF BIHAR with Cr.Misc. No.6641 of 2011 RAHIMULLA @ RAHIMUDDIN Versus THE STATE OF BIHAR ----------- 2 01.03.2011 The petitioners are apprehending their arrest in a case registered under Sections 353, 436, 147, 149, 448 427 and 504 of the Indian Penal Code. It is alleged that the mob of 100 to 125 peoples entered into the police out post under a misconception that one Md. Mohsin, died due to assault made by the police. Thereafter the mob lit fire the Police out post. It is submitted by learned Senior counsel for the petitioners that the accusation is against 17 named and 100 to 125 unknown peoples. Hence the specific accusation under Section 436 of the I.P.C. cannot be 2 fasten against any one of the F.I.R. named accused persons. Considering the fact that there is general accusation is against the mob of more than 100 peoples, under a bona fide misconception, let the petitioners, namely, Wakaish Mian @ Md. Okaish, Ali Zafar, Shamim Akhtar @ Misri, Nek Mohammad, Nezamuddin, Sk. Bacchu and Rahimulla @ Rahimuddin be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikrahna at Motihari, East Champaran in connection with Dhaka P.S. Case No. 108 of 2010. Let the petitioners be released on bail on depositing of Rs. 10,000/- each in the learned Court below. The said amount will be invested in the fixed deposit scheme which will be subject to the result of the case. Bhardwaj ( Dinesh Kumar Singh, J.) 3