Mungalal Khatwe @ Mungalal Chaupal @ Munga Lal Khatwe Vs the State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5282 of 2024

Arising Out of PS. Case No.-257 Year-2019 Thana- LAUKAHI District- Madhubani

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Mungalal Khatwe @ Mungalal Chaupal @ Munga Lal Khatwe Son of Chhutharu Khatwe R/o Village- Kakaradobh, P.S.- Laukahi, Dist.- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Jitendra Kumar Bharti, Adv. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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3 19-04-2024

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Heard Mr. Jitendra Kumar Bharti, learned counsel for

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the petitioner and Mr. Damodar Prasad Tiwary, learned APP for the State.

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The petitioner apprehends his arrest in connection with Laukahi P.S. Case No. 257 of 2019 registered for the offences punishable under Sections 147, 148, 149, 323, 337, 338, 504, 435, 427, 307, 332, 333, 353, 283, 188 and 379 of the Indian Penal Code and Section 3/4 of the Damage to Public Property (P) Act.

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It is alleged that on receipt of information that one person died in a road accident at NH-57, the police reached there and tried to prepare Panchnama , but it was obstructed by an unruly mob armed with lathi , danda and other weapons. The specific allegation against the petitioner is that he being a

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Patna High Court CR. MISC. No.5282 of 2024(3) dt.19-04-2024 2/3

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member of unlawful assembly caused nuisance in discharge of official duty. It is also alleged that the mob also damaged various vehicles and committed loot.

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It is submitted on behalf of the petitioner that the FIR has been instituted against 106 named and other unknown persons and, in such circumstances, there is no specific allegation against the petitioner. Moreover, the prosecution case is said to be based upon a video footage of the incident. However, during the course of investigation, neither any video clip has been received/seized by the investigating officer nor it has been produced before the Court and, as such, the very basis of the prosecution goes. Other co-accused persons having identical allegation, have been allowed the privilege of regular bail. That apart, the petitioner has absolutely fair antecedent and he undertakes that he will fully cooperate in the investigation or in the proceeding of the court.

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On the other hand, learned counsel for the State, opposed the bail application and submitted that the petitioner being a member of mob, had actively participated in creating obstruction in maintaining the law and order situation by damaging the public vehicles and looting goods.

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Regard being had to the submissions made on

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Patna High Court CR. MISC. No.5282 of 2024(3) dt.19-04-2024 3/3

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behalf of the parties and considering the omnibus nature of allegation and the fact that the I.O. has failed to produce the video clip of the incident, which is the very basis of the FIR, coupled with the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1^st Class, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 257 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner.

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(Harish Kumar, J)

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rohit/-

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U T

Mungalal Khatwe @ Mungalal Chaupal @ Munga Lal Khatwe v. the State of Bihar

Case brief

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Mungalal Khatwe @ Mungalal Chaupal @ Munga Lal Khatwe v. the State of Bihar

Case brief

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