Ramesh Kumar @ Ramesh Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6017 of 2019 Arising Out of PS. Case No.-352 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
Ramesh Kumar @ Ramesh Sah, Son of Kanhai Sah 2.
Sunil Sah, Son of Dasai Sah @ Dinesh Sah 3.
Pramesh Kumar @Pramesh Sah, Son of Kanhai Sah 4.
Dinesh Sah @ Dasai Sah, Son of Kanhai Sah 5.
Bhikhari Sah, Son of Shukham Sah 6.
Rakesh Kumar @ Rakesh Sah, Son of Munilal Sah 7.
Chotan Sah, Son of Shukham Sah 8.
Shayambabu Kumar @ Samu Sah, Son of Munilal Sah 9.
Vijay Sah, Son of Bhikhari Sah 10.
Ravindra Yadav @ Ravindra Rai, Son of Jai Shankar Rai 11.
Triloki Rai, Son of Late Ramautar Rai 12.
Asdeo Rai, Son of late Ramautar Rai 13.
Anil Kumar @ Anil Sah, Son of Jhokhan Sah 14.
Umesh Rai, Son of Late Kameshwar Rai 15.
Jaishankar Rai, Son of Late Lagan Rai 16.
Satyendra Kumar @ Satyendra Rai, Son of Jagdish Rai 17.
Phuldeo Kumar @ Phuldeo Sah, Son of Chhotan Sah 18.
Naresh Rai, Son of Jodha Rai 19.
Munna Kumar, Son of Sudama Rai All are residents of Village - Jaisinghpur, Bandraha, P.S. -Tukauliya, District- East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.
Patna High Court CR. MISC. No.6017 of 2019(3) dt.27-02-2019 2/3 In this case, the petitioners are seeking anticipatory bail in connection with Turkauliya P.S. Case No.352 of 2018, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 436, 427 of the Indian Penal Code. Allegation has been made that 67 accused persons named in the FIR and 150-200 unknown including the petitioners came with deadly weapon on the maize field of one Yado Lal with intention to plough the said agricultural field and they also set the houses of Siyapati Kuwar, Chandeshwar and Yado Lal on fire and also they obstructed the police party in discharging the official duty and also assaulted them.
Learned counsel for the petitioners submits that in the background of land dispute and litigated relationship between the parties, the accusation has been levelled against the petitioners. Allegation of setting the houses on fire is general and omnibus against the mob. He further submits that several accused persons have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 16.01.2019 passed in Cr. Misc. No. 76030 of 2018.
Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before
Patna High Court CR. MISC. No.6017 of 2019(3) dt.27-02-2019 3/3 the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya P.S. Case no.352 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. (Shivaji Pandey, J) V.K.Pandey/ S. Katyayan U T