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Patna High CourtCR. MISC./15178/2019bail granted

Lalita Devi And ORS v. The State Of Bihar

2019-03-14Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15178 of 2019 Arising Out of PS. Case No.-373 Year-2018 Thana- Chanpatia District- West Champaran ====================================================== 1.

Lalita Devi D/o Adalat Manjhi ,W/o-Ganesh Manjhi Resident of Village - Pokhariya Ray Mushahar Toli, Ward no.8, P.S.-Chanpatiya, Distt.- West Champaran.

2.

Urmila Devi W/o Lalu Manjhi Resident of Village - Pokhariya Ray Mushahar Toli, Ward no.8, P.S.-Chanpatiya, Distt.- West Champaran. 3.

Jhuniya Devi Wife of Buni Manjhi Resident of Village - Pokhariya Ray Mushahar Toli, Ward no.8, P.S.-Chanpatiya, Distt.- West Champaran. 4.

Buni Manjhi Son of Late Timal Manjhi Resident of Village - Pokhariya Ray Mushahar Toli, Ward no.8, P.S.-Chanpatiya, Distt.- West Champaran. 5.

Jhunai Manjhi Son of Kedar Manjhi Resident of Village - Pokhariya Ray Mushahar Toli, Ward no.8, P.S.-Chanpatiya, Distt.- West Champaran. 6.

Rambha Devi Wife of Junai Manjhi Resident of Village - Pokhariya Ray Mushahar Toli, Ward no.8, P.S.-Chanpatiya, Distt.- West Champaran. 7.

Kalawati Devi Wife of Kariman Manjhi Resident of Village - Pokhariya Ray Mushahar Toli, Ward no.8, P.S.-Chanpatiya, Distt.- West Champaran. 8.

Munni Devi Wife of Rajesh Manjhi Resident of Village - Pokhariya Ray Mushahar Toli, Ward no.8, P.S.-Chanpatiya, Distt.- West Champaran. 9.

Vinod Manjhi Son of Bagad Manjhi Resident of Village - Pokhariya Ray Mushahar Toli, Ward no.8, P.S.-Chanpatiya, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-03-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Chanpatiya P. S. Case No. 373 of

Patna High Court CR. MISC. No.15178 of 2019(2) dt.14-03-2019 2/3 2018 dated 03.09.2018 instituted for the offences under Sections 147, 148, 149, 224, 332, 333, 337, 338, 341, 342, 323, 307 and 353 of the Indian Penal Code and Sections 30(a) and 45 of the Bihar Prohibition and Excise Act, 2016.

It has been alleged in the F.I.R. that the residential area inhabited by a particular community was raided by the police and one person was arrested with 5 litres of liquor. While the aforesaid arrested person was being taken to the police station, the accused persons including the petitioners tried to extricate him from the captivity of the police. In the process, the police party was attacked and the vehicle of the police was vandalized. It further appears from the F.I.R. that the names of the accused persons were provided by the local Chaukidar.

Considering the aforesaid facts and the nature of accusation against the petitioners which are absolutely general and omnibus and also taking into account their clean antecedents, they are directed to be released on bail, in the event of their arrest or surrender before the court below

Patna High Court CR. MISC. No.15178 of 2019(2) dt.14-03-2019 3/3 within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Bettiah, West Champaran in connection with Chanpatiya P. S. Case No. 373 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) skm/- U