Patna High CourtCR. MISC./8038/2017allowed

Sheikh Dhaturi @ Serajul Haque And ANR v. The State Of Bihar

2017-03-21Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.8038 of 2017 (3) dt.21-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8038 of 2017 Arising Out of PS.Case No. -82 Year- 2016 Thana -CHAURADANO DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sheikh Dhaturi @ Serajul Haque, son of Late Sheikh Khairati,

2. Nurul Haque @ Md. Nurul, son of Late Sheikh Khairati, Both Resident of Village- Khairwa, P.S.- Chhaura Dano, DistrictEast Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-03-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Chhaura Dano Police Station Case No. 82 of 2016, disclosing offences under Sections 147, 149, 341, 188 and 353 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against this petitioners and no specific overt act is attributed to them. In fact, the entire prosecution story relates to encroachment of a piece of land, for which, many cases have been filed and some of them are pending also. There is allegation against the petitioners that

Patna High Court Cr.Misc. No.8038 of 2017 (3) dt.21-03-2017 they have thrown bricks and stone upon the government official but none has sustained injury. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on 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 Chief Judicial Magistrate, Motihari, East Champaran, in connection with Chhauradano Police Station Case No. 82 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T