Binod Kumar @ Binod Sharma @ Sharma vs The State Of Bihar on 16 June, 2010

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.19157 of 2010
                   BINOD KUMAR @ BINOD SHARMA @ SHARMA
                                          Versus
                                THE STATE OF BIHAR
                                            with
                             Cr.Misc. No.17999 of 2010
                                 SURENDRA SHARMA
                                          Versus
                                THE STATE OF BIHAR
                                        -----------

2. 16.6.2010 Heard learned counsel for the petitioners and

the State.

The defence of the petitioners in a Police case

under Sections 307/34, 341, 342 and 323 of the Penal

Code to which Section 304 of the Penal Code was added

subsequently, that the victim, who has subsequently

been deceased, was a thief apprehended when the

petitioners as a members of the mob of 50-60 persons

assaulted him does not persuade this Court to grant

them the privilege of anticipatory bail considering that

they took the law into their hands as members of the

mob.

The application is rejected.

Any application for regular bail on behalf of

the petitioners shall be considered on its own merits,

without being prejudiced by the present order.

P. Kumar                                                 ( Navin Sinha, J.)