Shambhu Prasad Chaurasiya And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17154 of 2018 Arising Out of PS.Case No. -79 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Shambhu Prasad Chaurasiya, Son of Late Banaras Bhagat,
2. Nawal Kishore @ Nawal Kishore Prasad Gupta, Son of Kashi Sah.
3. Kamal Kishore @ Kamal Kishore Prasad Gupta, Son of Kashi Sah.
4. Ramashankar Sah, Son of Kishori Sah.
5. Jitendra Kumar, Son of Ramnath Sah @ Ramnath Prasad,
6. Ravindra Kumar, Son of Late Maujelal Sah.
7. Rajkumar Sah, Son of Late Vishwanath Sah.
8. Sanjit Kumar, Son of Late Ramashish Sah.
9. Pramod Kumar, Son of Dudhnath Sah
10. Sri Narayan Sah, Son of Late Muneshwar Sah @ Late Bhuneshwar Sah.
11. Ajeet Kumar, Son of Late Ramashish Sah.
12. Ramesh Kumar, Son of Kishori Sah.
13. Rajkumar Sah, Son of Kashi Sah.
14. Manoj Kumar Paswan, Son of Ramanand Paswan.
15. Manoj Kumar, Son of Krishna Sah.
16. Shambhu Mahto, Son of Yogi Mahto.
17. Pradeep Sah @ Pradeep Kumar, Son of Kishori Sah.
18. Jailal Ram @ Jiyalal Ram, Son of Rajaram Ram,
19. Manish Kumar, Son of Lalbabu Sah.
20. Sheojee Sah, son of Late Ramcharitra Sah.
21. Nawal Paswan @ Nawal Kishore Paswan, Son of Late Naga Paswan,
22. Harendra Ram, Son of Late Bishnudeo Ram, 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. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-04-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Rajepur P.S. Case No. 79 of 2016 instituted for the offence under Sections 143,
Patna High Court Cr.Misc. No.17154 of 2018 (2) dt.02-04-2018 2/3 144, 145, 147, 148, 149, 151, 152, 153A, 160, 295, 295A, 297, 298, 395, 341, 323, 342 and 504 of the Indian Penal Code. In the written report it is alleged that the informant has Mobile shop at Tetariya Bazar and about 350-400 persons on the date of occurrence came and raised anti-Muslim slogans. They looted away articles of shop worth Rs.1,50,000/- and cash of Rs.50,000/-.
It has been submitted that petitioners are not named in the First Information Report. They have not participated in the occurrence. They have been implicated in the case on the basis of supervision note of Deputy Superintendent of Police. 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. 79 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. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the
Patna High Court Cr.Misc. No.17154 of 2018 (2) dt.02-04-2018 3/3 court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T