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Judgment
D.N. Upadhyay
It reveals from the F.I.R. that all the accused including the petitioner after forming an unlawful assembly dragged out the father and the uncle of the informant from their house and took them to different place causing assault, as a result, uncle as well as father of the informant died at the spot. It is submitted that it was a village mob, which caused assault to the accused persons suspecting against them that they are indulged in stealing cattle of the villagers. No specific overt act is leveled against the petitioner save and except he is named in the F.I.R. Other co-accused have been granted regular bail by a Bench of this Court.
Learned Counsel for the State has opposed the prayer.
Since the petitioner is named in the F.I.R. and two persons have been killed by the mob of which petitioner was one of the member, I do not feel inclined to consider the prayer u/s 438 Cr. P.C. Accordingly, the same stands dismissed in Karra P.S. Case No. 34 of 2011, corresponding to G.R. No. 211 of 2011, pending in the Court of the Additional Chief Judicial Magistrate, Khunti. However, the petitioner is directed to surrender before the court below within four weeks from today for seeking regular bail that may be considered, in view of the fact that other co-accused have been granted bail, on its own merit without being prejudiced with this order.