Ashok Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14825 of 2017 Arising Out of PS.Case No. -138 Year- 2016 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ashok Singh Son of Gorakh Singh

2. Gorakh Singh Son of Late Narayan Singh

3. Devraj Sharma Son of Late Kishun Sharma @ Kishun Thakur

4. Dhanraj Sharma Son of Late Kishun Sharma @ Kishun Thakur

5. Lalsa Singh Son of Late Maksudan Singh

6. Shiv Chaudhary Son of Late Sitaram Chaudhary

7. Bannu Sah @ Banhu Sah Son of Bagad Sah

8. Bagad Sah Son of Late Kangli Sah

9. Raju Sah Son of Yogendra Sah

10. Bashishth Chaudhary Son of Late Laxmi Chaudhary

11. Balistar Chaudhary Son of Late Bhok Chaudhary

12. Sanjay Singh Son of Kalika Singh

13. Bhukhal Yadav Son of Late Brahmdeo Yadav

14. Ramashish Yadav Son of Shambhu Yadav

15. Madan Pandit Son of Mahesh Pandit

16. Hira Paswan Son of Late Bhannu Hazara All are residents of Village - Ramparsauna, P.S. - Sathi, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 Heard the parties.

The petitioners are apprehending their arrest in connection with Sathi P.s.Case No.138 of 2016 registered for offences punishable under Sections 147, 148, 149, 151, 152, 448, 153(A), 186, 188, 189, 341, 323, 353, 354B, 295A, 307, 427, 504, 506 and 120B of the Indian Penal Code.

Patna High Court Cr.Misc. No.14825 of 2017 (2) dt.03-04-2017 2/3 It is submitted on behalf of the petitioners that for the said occurrence, two cases have been filed - one case has been filed by the person of the another community, in which the petitioners have not been named but the entire villagers have been named and there is a case filed by the community of the petitioners also against the other community. Apart from that no specific allegation has been levelled against the petitioners.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D. Bhatia, J.M. 1st Class, Bettiah, West Champaran in connection with Sathi P.S. Case No.138 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is

Patna High Court Cr.Misc. No.14825 of 2017 (2) dt.03-04-2017 3/3 free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U