JUDGMENT Anant Bijay Singh, J. Both the Anticipatory Bail Applications are arise with the same F.I.R. in connection with Kunda P.S. case no.08 of 2016, they are being heard together. 2. It is appears that the Kunda P.S. Case no. 08 of 2016 dated 09.03.2016 was lodged on the basis of written statement of Agnu Bhagat, Officer Incharge of Kunda Police Station, Chatra under sections 147, 149, 341, 342, 323, 337, 353, 427, 436 and 504 of the Indian Penal Code and section 3 of the Prevention of Damage of Public Property Act, 1984. 3. It is alleged that on 09.03.2016 while the informant-Agnu Bhagat was discharging his official duty in his police station, 200 unknown persons, including Manohar Yadav, Lavkush Gupta (the present petitioner in ABA No. 3393 of 2016) Mahesh Gupta, Anil Gupta Nand Kishore Vaidya (petitioner in ABA No. 450 of 2017), Rajnit Ganjhu, Vinod Yadav, Arun Yadav Arjun Yadav and Niranjan Yadav entered in to the police station making slogan "Inquilab Zindabad", Police Prashasan Murdabad". When the informant objected the aforesaid act of the accused persons, they told that due negligence on the part of the police one Sambhu Yadav has been murdered last night i.e. 08.03.2016. After some quarrel between them, the mob leading by Lavkush Gupta @ Lavkush Kumar Gupta, petitioner in ABA No.3393 of 2016 and in fire connivance with the other accused persons set fire in the police station, due to which huge public properties were destroyed and after arrival of C.R.P.F. personnel and other police personnel, all the miscreants were fled away. 4. Learned counsel appearing for the Lavkush Gupta @ Lavkush Kumar Gupta, who is petitioner in ABA No. 3393 of 2016 has submitted that there is omnibus allegations against the petitioner-Lavkush Gupta @ Lavkush Kumar Gupta. It is further submitted that offence under sections 436 and 504 of the Indian Penal Code is not made out against the petitioner - Lavkush Gupta @ Lavkush Kumar Gupta and he has been falsely implicated in this case because he happens to be the husband of Mukhiya of Kunda village. 5. Learned counsel appearing for Nand Kishore Vaidya @ Tukun Pathak, petitioner in ABA No. 450 of 2017 submitted that neither any overt act has been attributed nor there is any criminal antecedent against this petitioner. 6. Learned Addl. P.P opposed the prayer for bail of the petitioners. 7. 5. Learned counsel appearing for Nand Kishore Vaidya @ Tukun Pathak, petitioner in ABA No. 450 of 2017 submitted that neither any overt act has been attributed nor there is any criminal antecedent against this petitioner. 6. Learned Addl. P.P opposed the prayer for bail of the petitioners. 7. It appears that case diary has been filed in this case. 8. From perusal of paragraph 3 of the case diary, it appears that the I.O. has mentioned about the place of occurrence, which appears that it is a double storied building, which was badly damaged by the miscreants. Paragraph 5 of the case diary is seizure list, which shows that broken glass-pieces of widows, damaged chairs and tables, burnt records of police station etc. were collected and the seizure list was prepared and the signatures of seizure list witnesses were also taken on it. In paragraph 7 of the case, the statement of witness-Pappu Kumar Singh was recorded. In paragraph 8 the statement of witness-Shyam Narayan Paswan, in paragraph 9 statement of witness-Umesh Kumar and in paragraph 10 the statement of witness-Rakesh Kumar Singh were recorded and all of them have supported the case of the prosecution. 9. In view of the allegations made against Lavkush Gupta @ Lavkush Kumar Gupta, who is petitioner in ABA No. 3393 of 2016, I am not inclined to grant anticipatory bail to him. 10. Accordingly, prayer for anticipatory bail of Lavkush Gupta @ Lavkush Kumar Gupta, who is petitioner in ABA No. 3393 of 2016 is rejected. 11. So far, Nand Kishore Vaidya @ Tukun Pathak, who is petitioner in ABA No. 450 of 2017 is concerned, it is submitted by learned counsel that he has not committed any offence, rather he was only the member of the mob. 12. Considering the fact and circumstance of the case, Nand Kishore Vaidya @ Tukun Pathak, petitioner in ABA No.450 of 2017 is directed to surrender in the Court below within four weeks from the date of this order and in the event of his arrest or surrender the Court below shall enlarge Nand Kishore Vaidya @ Tukun Pathak, petitioner in ABA No.450 of 2017 on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Chatra in connection with Kunda P.S. Case No. 08 of 2016 corresponding to G.R. No. 297 of 2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C., 1973