Lochan Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8689 of 2019 Arising Out of PS. Case No.-118 Year-2017 Thana- MADHAURAH District- Saran ======================================================
1. LOCHAN RAM Son of Late Chulhan Ram, Resident of Village- Asoiya, P.S.- Marhowra, Distt- Saran.
2. Baleshwar Raut @ Baleshwar Rabat S/O- Late Sudarshan Raut, Resident of Village- Asoiya, P.S.- Marhowra, Distt- Saran.
3. Vijay Kumar Mahto Son of Late Gaya Mahto, Resident of Village- Hingya, P.S.- Dariyapur, District- Saran.
4. Dilip Kr. Ram Son of Late Parma Ram, Resident of Village- Bhaluhi, P.S.- Marhowrah, Distt. Saran.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Singh For the Opposite Party/s :
Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Marhowrah P.S. Case No. 118 of 2017 registered for offence punishable under sections 419, 420, 467, 468, 120(B) of the Indian Penal Code.
Allegation has been made, an organization in the name and style of Manbadihar Sanrakshan Samiti was opened in the year 2015 and its registered office was shown at Meethepur Rasulpur which is running by one Rajendra Rai. In the year 2016, the name of aforesaid organisation was changed
Patna High Court Cr.Misc. No.8689 of 2019(2) dt.14-02-2019 2/3 by substituting the new name Manwadhikar Vikash Manch. The said Samiti was again functioning in the year 2017. The informant had gone to the office of the aforesaid organisation at Marhowrah but did not find it there then the informant went to the house of Lochan Ram, District President of that organization, who misbehaved with the informant and forbade him not to contact.
The counsel for the petitioner submits that organization was promoted by Rajendra Rai and the petitioners were only made office bearer. In fact, the informant is a member of that human rights samiti.
Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Saran, Chapra in connection with Marhowrah P.S. Case No. 118 of 2017, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of
Patna High Court Cr.Misc. No.8689 of 2019(2) dt.14-02-2019 3/3 the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. Whenever the Police will call the petitioners for the purpose of interrogation/investigation, they would present themselves, In case of failure, the prosecution will have liberty to make a prayer for cancellation of their bail before the court below.
(Shivaji Pandey, J) mkchy/- U T