Lallu @ Manoj Ambast And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12606 of 2017 Arising Out of PS.Case No. -499 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ======================================================
1. Lallu @ Manoj Ambast son of Murli resident of Loharpatti Road.
2. Om Prakash son of Ramchander
3. Uma Shankar son of Ramchander Both residents of Loharpatti Koyalwala
4. Raj Kumar son of Late Laxmi Prasad resident of Loharpatti
5. Tinku @ Amit Gupta son of late Laxmi Prasad resident of Loharpatti
6. Bijay Dev Das @ Bijay Ranjan Deb son of late Manindra Mohan Deb resident of Refusi Colony.
7. Ashok Mahto son of Raibahadur Mahto Resident of Motibag. All P.S. and District - Kishanganj.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Rishikesh Ojha, Advocate. For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioners and the learned APP for the State.
The petitioners are apprehending their arrest in connection with Kishanganj P.S. Case No. 499 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 353, 427, 337 and 504 of the Indian Penal Code. It has been submitted on behalf of the petitioners that though the petitioners are named in the first information report, but there is no specific allegation against all the accused persons of damaging the property and vehicles. As a matter of
Patna High Court Cr.Misc. No.12606 of 2017 (2) dt.30-03-2017 2/3 fact, one person sustained injury in the motorcycle accident and subsequently the petitioners were raising grievance before the administration. For this, the petitioners have been falsely implicated in the case.
Heard the learned APP also. Learned APP could not controvert the fact regarding no specific allegation of damage against the petitioners except the petitioner no.7 was leading the mob.
Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that petitioners have no criminal antecedent and only general and omnibus allegation has been levelled against them, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 499 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the
Patna High Court Cr.Misc. No.12606 of 2017 (2) dt.30-03-2017 3/3 jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) Mishra/- U T