Sachin Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11181 of 2019 Arising Out of PS. Case No.-353 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

Sachin Devi, Wife of Haribhajan Rai Resident of Village - Jaisinghpur Durga Chauk 2.

Dinesh Kumar Son of Ramnath Yadav Resident of Village - Jaisinghpur Durga Chauk 3.

Sukun Rai Son of Late Bhikham Rai Resident of Village - Jaisinghpur Durga Chauk 4.

Ramnath Rai Son of Late Bhikham Rai Resident of Village - Jaisinghpur Durga Chauk 5.

Jiut Rai Son of Late Bhikham Rai Resident of Village - Jaisinghpur Durga Chauk 6.

Chhotelal Rai Son of Sukul Rai Resident of Village - Jaisinghpur Durga Chauk 7.

Madan Rai Son of Late Gorakh Rai Resident of Village - Jaisinghpur Durga Chauk 8.

Mahesh Rai Son of Late Gorakh Rai Resident of Village - Jaisinghpur Durga Chauk 9.

Ashok Rai Son of Bhagwan Rai Resident of Village - Jaisinghpur Durga Chauk 10.

Upendra Rai Son of Amirkha Rai Resident of Village - Jaisinghpur Durga Chauk 11.

Subodh Rai Son of Nathu Rai Resident of Village - Jaisinghpur Durga Chauk 12.

Raghunath Rai Son of Late Ramdeo Rai Resident of Village - Jaisinghpur Durga Chauk 13.

Bhikhar Rai Son of Late Ramdeo Rai Resident of Village - Jaisinghpur Durga Chauk 14.

Umesh Rai Son of Rameshwar Rai Resident of Village - Jaisinghpur Durga Chauk 15.

Sanjay Rai @ Sanjay Yadav Son of Haribhajan Rai Resident of Village - Jaisinghpur Durga Chauk 16.

Arjun Rai @ Arjun Kumar Son of Madan Rai Resident of Village - Jaisinghpur Durga Chauk 17.

Asdeo Rai Son of Durga Rai Resident of Village - Jaisinghpur Durga Chauk 18.

Manager Rai Son of Raghunath Rai Resident of Village - Jaisinghpur Durga Chauk 19.

Jagat Rai Son of Late Bhot Rai Resident of Village - Jaisinghpur Durga Chauk 20.

Paras Rai Son of Late Ganesh Rai Resident of Village - Jaisinghpur Durga

Patna High Court CR. MISC. No.11181 of 2019(3) dt.16-05-2019 2/3 Chauk 21.

Narad Rai Son of Shankar Rai Resident of Village - Jaisinghpur Durga Chauk ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Turkauliya P.S. Case No. 353 of 2018, registered under Sections 147, 148, 149, 120B, 341, 323, 326, 307, 332 and 353/34 of the Indian Penal Code.

The accusation is that on receiving information about forcibly capturing land of Yadolal Sah, the informant being Officer-in-Charge of Turkauliya Police Station reached there and tried to pacify the matter but 67 persons named in the F.I.R. including the petitioners and several unknown on the order of Ex-Mukhiya, started demolishing boundary wall and thereafter, set the house of the informant on fire. Learned counsel for the petitioner submits that while the petitioners are named in the F.I.R. but no specific

Patna High Court CR. MISC. No.11181 of 2019(3) dt.16-05-2019 3/3 overt act has been attributed against them. Further submission is that Pramesh Sah @ Pramesh Kumar and 15 others have already been allowed privilege of pre-arrest bail by a Bench of this Court vide order dated 01.05.2019 passed in Criminal Misc. No. 14506 of 2019.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) 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. 353 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T