Santosh Pandey And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4058 of 2019 Arising Out of PS. Case No.-87 Year-2017 Thana- BIKRAMGANJ District- Rohtas ======================================================
1. Santosh Pandey, aged about 42 years (Male), son of Setnath Pandey, resident of Vill-Dhangain, P.S-Bikramganj,Distt.-Rohtas.
2. Amrit Kumar, aged about 43 years (Male), son of Laxmi Sah, Resident of Ward no.14, Sasaram Road, near Shyam Takiz, Shyam Nagar, P.SBikramganj, Distt.-Rohtas. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh For the Opposite Party/s :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-02-2019 Heard learned counsel for the petitioners. No one appears for the State.
Petitioners are seeking anticipatory bail in connection with Bikramganj P.S. Case No. 87 of 2017 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 153, 153A, 295, 295A, 337, 338, 353, 332, 435, 436, 379, 427 and 120B of the Indian Penal Code.
Learned counsel for the petitioners submits that while the petitioner no.1 is named in the FIR, the petitioner no.2 has been brought in this case in course of investigation. As per the allegations, while the informant along with Magistrate and police force were performing law and order duties during the
Patna High Court Cr.Misc. No.4058 of 2019(2) dt.04-02-2019 2/3 procession of Ramnavami, some fanatic slogans were raised which created chaos due to the protest made by the Muslim community.
Learned counsel submits that the allegation against the petitioners is that they were also members of the mob, but the allegations are general and omnibus. It is submitted that, for the same offences, another FIR was lodged. Learned counsel submits that some of the co-accused of the present case have already been granted privilege of anticipatory bail by a learned coordinate Bench of this Court vide order as contained in Annexure-2 and 2/1 to the present application. In the given facts and circumstances of the case, considering the nature of allegations and that the similarly situated accused have been granted privilege of anticipatory bail, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.
15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfication of the learned S.D.J.M., Bikramganj, District-Rohtas in connection with Bikramganj P.S. Case No.
Patna High Court Cr.Misc. No.4058 of 2019(2) dt.04-02-2019 3/3 Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) arvind/- U T