Shatrudhan Sao @ Lambu @ Satrudhan Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19741 of 2019 Arising Out of PS. Case No.-233 Year-2018 Thana- OBRA District- Aurangabad ====================================================== 1.

Shatrudhan Sao @ Lambu @ Satrudhan Sao (Male) aged about 23 years Son of Dashrath Sao 2.

Raju Mehta @ Raju Kumar (Male) aged about 23 years Son of Suresh Mehta Both resident of Village - Mastlika , P.S.- Obra, District - Aurangabad. 3.

Vikash Mehta @ Vikash Kumar (Male) aged about 24 years Son of Satyendra Mehta Resident of Village - Shankerpur, P.S.- Obra, DistrictAurangabad. at Present Village and P.S.- Jamhor , District - Aurangabad 4.

Manoj Yadav (Male) aged about 35 years Son of Sahdeo Yadav Resident of Village - Mastlika , P.S.- Obra, District - Aurangabad (Bihar) ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Aman Vishal Dr. Leelawati Kumari, Advocates For the Opposite Party :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 307, 353, 332, 427 and 504 of the Indian Penal Code registered in connection with Obra P.S. Case No. 233 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the first information report is against 27 named accused persons and 50-60 unknown. The petitioners are only members of the mob and the accusations are general and omnibus in nature without any specific accusation attributed to the petitioners individually. Similarly situated accused persons, namely, Dinesh Kumar Singh @ Dinesh Yadav, Sunil Yadav, Ram Prasad Yadav,

Patna High Court CR. MISC. No.19741 of 2019(2) dt.03-04-2019 2/2 Mantu Yadav @ Mantu Kumar, Mahendra Yadav @ Mahendra Singh, Shintu Kumar @ Shintu, Dilip Singh @ Dilip Kumar, Santosh @ Shantosh Kumar, Chandan Kumar and Arun Yadav have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 04.01.2019 passed in Cr. Misc. No. 78021 of 2018. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Obra P.S. Case No. 233 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. BT/- (Vikash Jain, J) U T