- (1.) Special leave granted.
(2.) Charge-sheets under Section 302 Indian Penal Code read with S. 147, 148,149, 114, 323, 324, 341, 427, 337 and 307 Indian Penal Code read with Section 27, Arms Act, 1959 have been filed before the court concerned against Anand Mohan, Arun Kumar Singh and 22 others. By the impugned order, a learned Single Judge of the Patna High court has granted bail to the respondents. It is alleged that the respondents were members of the unlawful assembly which killed the District Magistrate, Gopalganj (an INDIAN administrative SERVICE Officer). The District Magistrate was passing from the place where a crowd was assembled. He was in his official car with a red light on top of the vehicle. The District Magistrate was dragged out of the car and was killed. It is alleged that one Bhutkum Shukla fired shots from a pistol which killed the District Magistrate. The said Bhutkum Shukia is absconding.
(3.) We do not wish to go into the merits of various contentions raised by learned counsel for the parties. The High court allowed the bail applications of the respondents on the following reasoning: "The look of the case is indeed bad. That a District Magistrate accompanied by his armed bodyguard besides his driver and another travelling in his official car should be waylaid and killed by a mob on a public road is indeed shocking, particularly because there was no provocation of any kind from his side. I feel sad and indignant about the 744 incident. I wish the investigating agency could share the same feeling and make a fair investigation so that the real culprits are identified and punished. But while considering the prayer for bail which involves the question of liberty of the citizens, one cannot go by sentiments alone. All the petitioners except the petitioners Ram Babu Singh, Munna Kapar and Balakant Singh, who are drivers and police constable attached with the petitioner Anand Mohan as his bodyguard, claim to be political activists. In fact, Anand Mohan is an MLA. He is also the leader of the Bihar Peoples' Party in the Legislative Assembly (his wife Lovely Anand, co-accused, is an MP). Another petitioner Akhlakh Ahmed has been a Minister in the past. They professedly belong to the Bihar Peoples' Party and Samta Party, which are opposition parties in the State of Bihar. They allege false implication on account of political rivalry. I do not propose to refer to the prosecution case. The written report of the informant, who is a Deputy SP, runs into four close typed sheets. The police has examined 45 witnesses (as per the case-diary produced). It is the consistent case of the police that the deceased was killed by a mob. Specific allegation has been made against Bhutkum Shukla, brother of one Chhotan Shukia, whose murder a day earlier is said to be the precursor of the fateful event. Bhutkum Shukla is not a petitioner in these applications. As regards the petitioner, it is said that they were members of the mob. As regards Anand Mohan, Lovely Anand and Professor Arun Kumar Singh, it is said that they made fiery speeches which led to the occurrence. Anand Mohan is also said to have exhorted Bhutkum Shukia to kill the deceased. I may mention that the members of the mob and the order-givers are usually and almost invariably granted bail by this court. I have gone through the statements of the 45 witnesses in the case- diary. They include 9 so-called independent witnesses plus 2 seizure witnesses. Out of the rest, 28 are police officials of various ranks, three are Magistrates, one a Supply Inspector and two drivers. I am constrained to observe that they have literally, if I may say so, made parrot-like statements. Coming as they do, from the persons concerned, they do not inspire much confidence. Be that as it may, nothing has been said specifically about the individual role played by the accused persons except as indicated above, some of them are said to have made speeches and exhorted the assaulter to kill the deceased. ";