IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32568 of 2008 SHRAWAN CHOUDHARY, son of Late Indra Prasad, resident of village- Balia, P.S. Maharajganj, District- Siwan ….Petitioner Versus THE STATE OF BIHAR ….Opp.Party ----------- 2. 22/10/2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under section 302 and other sections of the Indian Penal Code and section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. As per F.I.R., a mob of about 200-250 villagers dragged two persons, namely, Mahanth Nut and Bhutan Nut from the hutment and mercilessly assaulted them, resulting into death of Mahanth Nut. Villagers suspected that the Nuts were involved in the theft in the village and particularly theft of a head of a Pumping Set. F.I.R. was instituted by the wife of Mahanth Nut. It is submitted by learned counsel for the petitioner that no specific role was assigned by the informant to this petitioner in the crime. It is also said that the other victim Bhutan Nut, who was also mercilessly assaulted and injured, gave his statement but he does not - 2 - name this petitioner as one of the assailants. From the order of the learned Sessions Judge also it does not appear that any witness has specifically attributed any particular overt act to this petitioner. It is true that in case, where a mob of 200-250 persons go on rampage and commit assault, it is difficult to assign any role to any member of the mob, but it is also true that when the mob violence is alleged, it is difficult to find out as to who had actually assaulted and who had not. No material appears to have come during investigation with regard to specific assault by this petitioner upon the deceased or the injured. In the circumstances, this application is allowed. Let petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Maharajganj P.S.Case No.46 of 2008. Pradeep/ (J. N. Singh, J.)