IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24214 of 2011 1. Kishore Gupta, S/o Krishnandan Prasad, resident of Mohalla-Block Road Masaurhi. 2. Jitendra Kumar, S/o Shrikant Singh, resident of village-Kumar Singh Colony, Masaurhi. 3. Sukhari Jee @ Dinananth Kumar, S/o Ranjan Prasad, resident of village-Block Road, Masaurhi. 4. Sunil Kumar Yadav, S/o Kapildeo Prasad, resident of village- Nauabag. 5. Satish Kumar, S/o Hari Nandan Sharma, resident of village- Dahibhata, P.S.-Masaurhi, District-Patna. ………….Petitioners. Versus The State of Bihar ……….Opp. Party. ----------- 2 22.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioners who are five in number have been made accused in a case registered for the offence under Sections 307, 353, 435, 427 and other minor sections of the IPC. The informant of Masaurhi police station has recorded his own oral statement to the effect that on account of accident by a vehicle, a girl was injured, who later on succumbed to her injuries. Thereafter, a mob of local people assembled. The mob was agitated. They blocked the road and pelted stone upon the police personnel. According to the informant, the mob was of about 500 persons, out of whom 32 persons including the petitioners were named in the F.I.R. Learned counsel for the petitioners submits that it is wrongly alleged that they participated in any manner in the alleged occurrence. They are simply resident of the locality and their name has been given without their being any evidence in this regard. It is also submitted that occurrence did not take place in a pre-planned manner 2 and the mob has assembled spontaneously. It is also submitted that another co-accused namely, Ramesh Singh, who is also named in the F.I.R., had earlier prayed for anticipatory bail, which was allowed on 6.7.2011 in Cr. Misc. No. 20188 of 2011. Learned counsel for the State does not dispute the fact that the co-accused having identical allegation has already been granted privilege of bail under Section 438 Cr. P.C. Taking into consideration the aforesaid submission of the parties let the petitioners, namely, Kishore Gupta, Jitendra Kumar, Sukhari Jee @ Dinananth Kumar, Sunil Kumar Yadav and Satish Kumar in the event of their arrest or surrender before the Court below within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Masaurhi in connection with Masaurhi P.S. Case No. 111 of 2011. Sanjeet (Ashwani Kumar Singh, J.)