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Patna High CourtCR. MISC./4382/2017bail granted

Manoj Sharma And ORS v. The State Of Bihar

2017-02-10Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4382 of 2017 Arising Out of PS.Case No. -306 Year- 2016 Thana -AMARPUR District- BANKA ======================================================

1. Manoj Sharma, son of Deodhar Sharma, resident of village-Bhadaria, P.S.-Amarpur, District-Banka.

2. Sanjay Yadav, son of Mahendra Yadav, resident of village-Bhadaria, P.S.-Amarpur, District-Banka.

3. Sanjay Ram @ Sanjay Rai, son of late Shiv Ram, resident of villageKhanjarpur, P.S.-Amarpur, District-Banka.

4. Ajay Singh, son of late Kamla Singh, resident of village-Khanjarpur, P.S.-Amarpur, District-Banka.

5. Bindu Singh, son of late Ram Padarath Singh, resident of villageKhanjarpur, P.S.-Amarpur, District-Banka.

6. Ranjit Kumar Bhagat @ Ranjit Bhagat, son of Kedar Nath Bhagat, resident of village-Bhadaria, P.S.-Amarpur, District-Banka.

7. Ajit Kumar Bhagat @ Pappu Bhagat, son of late Uma Shankar Bhagat, resident of village-Bhadaria, P.S.-Amarpur, District-Banka.

8. Bilash @ Bilash Choudhary @ Ram Bilash Choudhary, son of Hardeo Choudhary, resident of village-Gharail, P.S.-Amarpur, District-Banka.

9. Sitaram Bhagat, son of Baijnath Bhagat, resident of village-Bhadaria, P.S.-Amarpur, District-Banka.

10. Sitaram Singh, son of Ram Padarath Singh, resident of villageKhanjarpur, P.S.-Amarpur, District-Banka.

11. Surendra Sharma, son of Muneshwar Sharma, resident of villageGharail, P.S.-Amarpur, District-Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Nath Jha, Adv. For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in Amarpur P.S. Case No.306 of 2016 (wrongly printed at the first page of FIR as 306/15) instituted for the offence under Sections 147, 158, 341,

Patna High Court Cr.Misc. No.4382 of 2017 (2) dt.10-02-2017 323, 353 and 504 of the Indian Penal Code.

It is alleged that, on the date of occurrence, in protest of murder of Rajiv Bhagat 50 women and 200 men had blocked the main road near Amarpur bus stand and started shouting slogan against the administration. The police personnel arrived there and tried to pacify the matter, then the petitioners and the aforesaid mob made scuffle with the police personnel and after arrival of Civil S.D.O. the matter was pacified and the blockage of road was removed.

From the written report itself it appears that no damage of any government property or any injury has been caused to any person and there is general and omnibus allegation against the petitioners. It is mentioned in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Therefore, prayer of the petitioners for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Amarpur P.S. Case No.306 of 2016, they shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, subject to

Patna High Court Cr.Misc. No.4382 of 2017 (2) dt.10-02-2017 the conditions as laid down under Section 438(2) Cr.P.C. (Sanjay Priya, J) Arvind/- U T