Awadhesh Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3620 of 2020 Arising Out of PS. Case No.-107 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== 1.
Awadhesh Mahato Son of Hari Mahato Resident of Village - Bangri, P.S.- Yadopur, District- Gopalganj 2.
Munna Ansari Son of Samsoddin Ansari Resident of Village - Bangri, P.S.- Yadopur, District- Gopalganj 3.
Gyan Shankar Prasad Son of Omprakash Prasad Resident of Village - Bangri, P.S.- Yadopur, District- Gopalganj 4.
Priyanshu Gupta Son of Sukdev Prasad Resident of Village - Bangri, P.S.- Yadopur, District- Gopalganj 5.
Mukesh Singh @ Mukesh Kumar Singh Son of Paras Singh Resident of Village - Bangri, P.S.- Yadopur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Shanker Prasad For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and learned A.P.P for the State.
The petitioners apprehend their arrest in Yadopur P.S. Case No. 107 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 188, 353, 504 506 and 34 of the Indian Penal Code and section 3/4 of the Bihar Control of the use and play of Loudspeaker Act, 1955. FIR is against 52 named and 40-50 unknown persons. It is alleged that when the informant reached at the gate
Patna High Court CR. MISC. No.3620 of 2020(2) dt.29-02-2020 2/3 of Mrityunjay Singh, he saw Bajrang Bali idol on one tractor and D.J. with a dancer on other tractor. When the informant tried to stop the D.J., marpit took place between the two Akhara groups, when the informant and others tried to pacify the matter, the accused persons abused them and also assaulted them. It is submitted that petitioners have falsely been implicated in this case due to enmity. Petitioners have committed no offence. There is general and omnibus allegation against these petitioners. Petitioners have got clean antecedent.
Considering the facts aforesaid, the petitioners above-named in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Gopalganj in connection with Yadopur P.S. Case No.
Patna High Court CR. MISC. No.3620 of 2020(2) dt.29-02-2020 3/3 the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the court below.
(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T