IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33536 of 2009 KANHIYA JHA SON OF BALBODH JHA, RESIDENT OF VILLAGE-ARER, P.S. ARRER, DISTT.MADHUBANI ------- PETITIONER. Versus STATE OF BIHAR ----------- 2 6/11/2009 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in a case under Sections 147, 148, 149, 332, 333, 341, 337, 427, 435, 436, 307, 353, 504, 379, 453 of the Indian Penal Code and Section 3(2)(5) of Public Property Damage Prevention Act 1986. Allegation against the petitioner is that he was a member of mob who attacked the Police Station, pelted stone, obstructed road and also set fire the Police State. Several of the Police Personnel were injured in the said occurrence. Learned counsel for the petitioner submits that the petitioner is only a member of unlawful assembly. It is submitted that there is no specific allegation against the petitioner. It is further submitted that Jitender Mukhia, Ram Deo Mukhia, Sita Ram Mukhia and Pulkit Mukhia were leading the mob. Counsel for the State submits that where the public property is destroyed, roads are obstructed and railways line disrupted causing inconvenience and great difficulty and also loss of public money and time the courts 2 should take a strict view. With respect to the petitioner, it is stated that the petitioner has been falsely implicated in this case as he owns a book shop near the police station, his name has been dragged into the case. He was not at all responsible for the occurrence and was not a member of the mob indulging in such activities. Considering the facts and circumstances of the case, the petitioner above named is directed to be released on anticipatory bail in the event of his arrest or surrender in the court below within a period of six weeks on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani, in connection with Arrer P.S. Case No. 39 of 2009 corresponding to G.R. No. 656 of 2009 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. S.Ali (Sheema Ali Khan, J.)