Dharamnath Tiwari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6509 of 2019 Arising Out of PS. Case No.-192 Year-2017 Thana- BHANGWANPUR HAT District- Siwan ======================================================

1. Dharamnath Tiwari, aged about 47 years, Male, Son of Shiv Ji Tiwari.

2. Mukesh Kumar, aged about 21 years, Male, Son of Mahesh Sah.

3. Deepak Manjhi @ Deepak Kumar Manjhi, aged about 22 years, Male, Son of Shiv Nath Manjhi.

4. Rajesh Ram, aged about 25 years, Male, Son of Mahesh Ram.

5. Amit Kumar @ Amit Kumar Manjhi, aged about 22 years, Male, Son of Raj Kishore Manjhi.

6. Sanjiv Kumar, aged about 25 years, Male, Son of Bikrama Ram @ Vikrama Ram.

7. Pankaj Tiwari @ Pankaj Kumar, aged about 26 years, Male, Son of Fuleshwar Tiwari.

8. Pramod Singh, aged about 37 years, Male, Son of Parshuram Singh. All are Resident of Village-Aima (Ema), P.S.-Bhagwanpur Hat, DistrictSiwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-02-2019 The petitioners seek bail in anticipation of their

Patna High Court Cr.Misc. No.6509 of 2019(2) dt.05-02-2019 2/3 arrest in connection with Bhagwanpur Hat P.S. Case No. 192 of 2017, dated 04.09.2017, instituted for the offences under Sections 147, 148, 149, 188, 341, 323, 337, 338, 353, 324, 307, 427, 352, 379, 332, 333, 294, 295(A) and 120(B) of the Indian Penal Code and Section 3/4 of the Bihar Laud Speaker Act.

The petitioners along with around 45 named accused persons and 250-300 unknown persons indulged in loot and arson while taking out a procession on the eve of Mahavir Jayanti.

The learned counsel for the petitioners has submitted that they have been named by local persons who had animus against the petitioners. No specific accusation has been levelled against anyone of the accused persons. The only other case, in which the petitioners have been made accused, is the one which was lodged in the same transaction by another officer of the Government. Considering the general nature of accusation against the petitioners and taking into account that some of similarly situated persons have been granted anticipatory

Patna High Court Cr.Misc. No.6509 of 2019(2) dt.05-02-2019 3/3 bail, the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-II, Siwan in connection with Bhagwanpur Hat P.S. Case No. 192 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T