Rajkumar Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16150 of 2018 Arising Out of PS.Case No. -76 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rajkumar Sah, Son of Late Vishwanath Sah,
2. Nawal Kishore @ Nawal Kishore Prasad Gupta, Son of Kashi Sah,
3. Kamal Kishore @ Kamal Kishore Prasad Gupta, Son of Kashi Sah,
4. Shambhu Prasad Chaurasiya, Son of Late Banaras Bhagat,
5. Ramashankar Sah, Son of Kishori Sah,
6. Jitendra Kumar, Son of Ramnath Sah @ Ramnath Prasad,
7. Ravindra Kumar, Son of Late Maujelal Sah,
8. Jitendra Kumar, Son of Achchelal Sah,
9. Rajkumar Sah, Son of Late Kashi Sah,
10. Sanjit Kumar, Son of Late Ramashish Sah,
11. Pramod Kumar, Son of Dudhnath Sah,
12. Sri Narayan Sah @ Shri Narayan Prasad, Son of Late Muneshwar Sah @ Late Bhuneshwar Sah,
13. Ajeet Kumar, Son of Late Ramashish Sah,
14. Ramesh Kumar, Son of Kishori Sah, All residents of Village- Tetariya, P.S.- Rajepur, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate. For the Opposite Party/s : Mr. Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Rajepur P.S. Case No. 76 of 2016 instituted for the offence under Sections 143, 144, 145, 147, 148, 149, 151, 152, 153A, 160, 295, 295A, 297, 298, 395, 341, 323, 504, 342 and 506 of the Indian Penal Code. In the written report it is alleged that on the date of
Patna High Court Cr.Misc. No.16150 of 2018 (2) dt.27-03-2018 2/3 occurrence the petitioners along with 500 accused persons after forming an unlawful assembly armed with weapons came at the shop of the informant and started calling anti-Muslim slogans and looted away the articles worth Rs.3,00,000/-. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the petitioners. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Rajepur P.S. Case No. 76 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sadar, East Champaran, Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
Patna High Court Cr.Misc. No.16150 of 2018 (2) dt.27-03-2018 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T