Shivnath Pd. Keshri And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.5297 of 2015 (2) dt.09-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5297 of 2015 Arising Out of PS.Case No. -726 Year- 2014 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Shivnath Pd. Keshri Son of Harikishan Pd. Keshri

2. Rakesh Prasad

3. Pramod Kumar Keshri @ Amod Kumar Keshri

4. Subodh Kumar Keshri Petitioner No-2 to 4 are son of Shivnath Prasad Keshri Resident of Mohalla - Imamganj, P.S- Town, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Archana Sinha @ Archana Shahi For the Opposite Party/s Mr. Anusaiya Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.02.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Muzaffarpur Town P. S. case no. 726/2014 registered under sections 147, 148, 149, 323, 188 and 353 of the IPC.

The accusation against these petitioners is that they along with several others made obstruction in the functioning of the officials who had gone at the place of occurrence for removal of encroachment. The contention on behalf of the petitioners is that much prior to institution of the present case, encroachment proceeding was initiated against petitioner no.1 but the said proceeding was dropped in favour of petitioner no.1. It is further contended on behalf of the petitioners that no specific overt-act has been attributed against these

Patna High Court Cr.Misc. No.5297 of 2015 (2) dt.09-02-2015 petitioners and, as a matter of fact, present case has been lodged at the behest of one Sohail Siddique with whom petitioners have inimical term.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Muzaffarpur Town P. S. case no. 726/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T