Ravi Kumar Chaurasiya And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58385 of 2018 Arising Out of PS. Case No.-78 Year-2016 Thana- RAJEPUR District- East Champaran ======================================================
1. Ravi Kumar Chaurasiya, Son of Awadhesh Narayan Chaurasiya,
2. Shambhu Mahto, Son of Yogi Mahto,
3. Nand Kishore Paswan, Son of Naresh Paswan, All residents of Village- Tetariya, P.S.- Rajepur, District- East Champaran.
4. Suresh Sahani, Son of Ram Chandra Sahani, Resident of VillageGheghwa, P.S.- Madhuban, District- ....................... ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-09-2018 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Rajepur P.S. Case No. 78 of 2016 registered for offences under sections 143, 144, 145, 147, 148, 149, 151, 153A, 160, 295, 295A, 297, 298, 395, 341, 323, 504, 342, 504 of the Indian Penal Code.
In the present case, about 350-400 persons formed an unlawful assembly, armed with weapons came at the shop of the Informant calling anti-Muslim slogans and looted away articles of the shop worth Rs. 2,50,000/-.
Learned counsel for the petitioners submits that this matter relates to communal disturbances and both the sides have
Patna High Court Cr.Misc. No.58385 of 2018(2) dt.28-09-2018 2/2 lodged criminal cases against each other and, as such, series of cases have been mentioned in the present bail application. It has further been submitted that there is a simple and omnibus allegation against the petitioners.
Looking to the entire facts and circumstances of the case, let the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from today, 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 Sub-Divisional Judicial Magistrate, Sadar, East Champaran, Motihari in connection with Rajepur P.S. Case No. 78 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. It is also made clear that if the petitioners are found involved in such activities again in future, the prosecution will be at liberty to pray for cancellation of their bail. (Shivaji Pandey, J) rishi/- U T