LAWS(PAT)-2006-7-96

LALIT KUMAR Vs. STATE OF BIHAR

Decided On July 18, 2006
LALIT KUMAR Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners and the learned Addl. P.P. for the State.

(2.) THE petitioners are accused in a case under sections 144, 175, 146, 147, 149, 341, 447, 332, 333, 353, 307, 420 and 120(B) of the Indian Penal Code and Sections 3/4 of S.C. and ST. (Prevention of Atrocities) Act.

(3.) ON the merit it is submitted by the learned counsel for the petitioners that the petitioners had not themselves become violent rather it is evident from Annexure -2 that they were merely participating in a Fast unto death Programme and it is the administration which tried to break the fast unto death as a result of which certain scuffle had taken place. It is further submitted by the learned counsel for the petitioners that a similarly situated person although he was not originally mentioned in the F.I.R. but later on, on the basis of the further statements of the witnesses, had been included as an accused, this Court in Cr. Misc. No. 18798/06: Shrawan Kumar Sharaff alias Sharwan Kumar Srrf vs. The State of Bihar by order dated 17.5.2006 had directed the release of the said petitioner on anticipatory bail.