Rahul Jha @ Sumit Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36102 of 2018 Arising Out of PS.Case No. -85 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Rahul Jha @ Sumit Kumar Son of Manoj Kumar Jha Resident of Village- Tetariya, P.S. Rajepur, District- Champaran.
2. Mithlesh Kumar@ Mithilesh Kumar Son of Tarachandra Prasad Gupta Resident of Village- Tetariya, P.S. Rajepur, District- Champaran.
3. Suresh Sahani Son of Ramchandra Sahani Resident of Village- Gheghwa, P.S. Madhuban, District- East Champaran.
4. Nand Kishore Paswan Son of Naresh Paswan Resident of VillageTetariya, P.S. Rajepur, District- Champaran.
5. Manoj Kumar Son of late Hiralal Sah
6. Sheo Shankar Sah@ Sheo Shankar Prasad Son of Late Jiyalal Sah
7. Kundan Chaurasiya @ Kundan Kumar Son of late Kripa Narayan Prasad Chaurasiya
8. Ravi Kumar Chaurasiya Son of Awadhesh Narayan Chaurasiya @ Avdhesh Na Prasad
9. Ram Narayan Sah@ Satya Narayan Sah Son of late Shankar Sah
10. Sonu Jha@ Sonu Kumar Jha Son of Anjani Jha
11. Mudai Kumar@ Bhuday Kumar @ Bhudai Kumar @ Pappu Chaurasiya Son of late Dhruv Narayan Prasad Chaurasiya
12. Ratnesh Kumar Son of Tarachandra Prasad Gupta
13. Sanjay Chaurasiya @ Sanjay Kumar Son of Vishwanath Prasad All Residents of Village- Tetariya, P.S. Rajepur, District- East Champaran,.
14. Rajesh Kumar Son of Shyam Kishore Gupta Resident of VillageRaghunathpur, P.S. Mushari, District-East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Rajepur P.S.case No.85 of 2016 , registered for offences punishable under Sections 143, 144, 145, 147, 148, 149, 151, 152,
Patna High Court Cr.Misc. No.36102 of 2018 (3) dt.13-07-2018 2/3 153A, 160, 295, 295A, 297, 298, 395, 341, 323, 504, 342 & 504 of the Indian Penal Code.
Allegation against the petitioners and three other accused persons is that they went to the shop of the informant and raised inflammatory slogans and also committed arson. It further appears that the petitioner is accused in 12 other case. Submission of the learned counsel for the petitioners is that with respect to same occurrence, 12 cases have been lodged by the different persons and no specific allegation has been attributed against the petitioners.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Sadar, East Champaran, Motihari in connection with Rajepur P.S.Case no.85 of 2016 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
Patna High Court Cr.Misc. No.36102 of 2018 (3) dt.13-07-2018 3/3 (ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T