Rupesh Tiwari And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4823 of 2019 Arising Out of PS. Case No.-192 Year-2017 Thana- BHANGWANPUR HAT District- Siwan ======================================================

1. Rupesh Tiwari aged about 26 years(male), S/o Dinanath Tiwari

2. Munna Kumar Prasad @ Munna Prasad aged about 26 years(male) S/o Dev Kumar Singh Both are residents of village-Shankarpur, Police StationBhagwanpur Hat, District-Siwan.

3. Birendra Singh, aged about 26 years(male), S/o Banshi Lal Singh, Resident of village-Khedu Chapra, Police Station-Maharajganj, District-Siwan. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2019 Heard both sides.

The petitioners apprehend their arrest in Bhagwanpur Hat P.S. Case No.192 of 2017 registered under Section 307 and other Sections of the Indian Penal Code and 3⁄4 of Bihar Loudspeaker Act.

The informant, S.H.O. of Bhagwanpur Hat P.S., alleged that a procession of about 300 persons was coming and they were blowing loudspeaker and different instruments. When the procession reached near Idgah many members of the procession became violent and started brick batting on the police. However, the police somehow pacify the processionists and persuaded the processionists to move forward.

Patna High Court Cr.Misc. No.4823 of 2019(2) dt.29-01-2019 2/2 The learned counsel for the petitioners submits that petitioners are also named in the F.I.R. but since the petitioners were villagers of the licensee, the petitioners have been made accused in the case. Similarly situated co-accused persons namely Angesh Kumar, Sandeep Kumar and others, Madhu Tiwari and others and Sonu Kumar and others have already been granted anticipatory bail by different Benches of this Court.

Considering the aforesaid facts and nature of allegation made against the petitioners and the fact that similarly situated co-accused persons have already been granted anticipatory bail, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Siwan in connection with Bhagwanpur Hat P.S. Case No.192 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.