Fanant Choubey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10135 of 2019 Arising Out of PS. Case No.-437 Year-2018 Thana- BARARI District- Katihar ======================================================
1. FANANT CHOUBEY Son of Jagat Kumar Choubey Resident of Village - Laxmipur, P.S.-Barari
2. Suresh Sah @Jangal Sah Son of Late Bisho Sah Resident of Village - Laxmipur, P.S.-Barari, Katihar.
3. Ashis Kumar Sah @ Ashish Sah Resident of Village - Laxmipur, P.S.-Barari, Katihar.
4. Ajay Kumar Son of Dinesh Sah Resident of Village - Laxmipur, P.S.-Barari, Katihar.
5. Amit Kumar @ Amit Sah Son of Dinesh Sah Resident of Village - Laxmipur, P.S.-Barari, Katihar.
6. Dinesh Sah Son of Late Saryug Sah Resident of Village - Laxmipur, P.S.- Barari, Katihar.
7. Shankar Sah @ Sankar Sah Son of late Saryug Sah Resident of Village - Laxmipur, P.S.-Barari, Katihar.
8. Pritam Kumar Sah @ Pritam Sah Son of Upendra Sah Resident of Village - Laxmipur, P.S.-Barari, Katihar.
9. Shankar Gupta Son of Brahmdeo Sah Resident of Village - Laxmipur, P.S.- Barari, Katihar.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Prasad Sah @ Baranwal For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-02-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Barari P.S. Case No. 437 of 2018 for the offence under Sections 147, 149, 341, 323, 307 and 504 of the Indian Penal Code. There are 17 persons named and 50-60 unidentified, who are said to have committed the offence. The Assistant Sub Inspector of Police is the informant and according to the First Information Report, the accused persons had put the
Patna High Court Cr.Misc. No.10135 of 2019(2) dt.20-02-2019 2/2 police party in illegal confinement and misbehaved with the members of the police team.
Learned counsel appearing on behalf of the petitioners has submitted that evidently the allegation is general and omnibus.
Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Katihar in Barari P.S. Case No. 437 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T