IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.5375 of 2011
DHARVENDRA NONIYA @ BALENDHWA, Son of Late
Dharikshan Mahto, resident of Sangatper, Phulwarisharif, P.S.-
Phulwarisharif, Dist.- Patna.
.......Petitioner.
Versus
THE STATE OF BIHAR ......Opp. Party.
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02 15.03.2011 The petitioner is in custody in relation to
Phulwarisahrif P.S. Case No. 463 of 2009 instituted under
Section 302/34 of the Indian Penal Code.
It is alleged by the employee of a wine shop that
petitioner along with others had come to the shop and forced
them to close the shop. They then tried to take the petitioner and
two others but petitioner managed to escape and informed the
police. On police reaching the place they found group of people
and ultimately it was traced that other two persons have been
shot dead.
It is alleged in the F.I.R. that this was done
because the owner of the wine shop has refused to contribute
towards the Durga Puja.
It appears that the petitioner was not armed and on
the basis of his liability under Section 149 of the Cr.P.C. being
member of unlawful mob, ultimately it took the killing of the
two persons.
Be that as it may, let the petitioner above named
be released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of like amount each to
2
the satisfaction of the F.T.C.-IV, Patna in connection with
Phulwarishari P.S. Case No. 463 of 2009, S.Tr. No. 1257 of
2010.
Bhardwaj/- ( Navaniti Prasad Singh, J.)