Sheo Kumar Chauhan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46908 of 2015 Arising Out of PS.Case No. -96 Year- 2015 Thana -PAKARIBARAW District- NAWADA ======================================================

1. Sheo Kumar Chauhan, Son of Bachhu Chauhan,

2. Surendra Chauhan, Son of Badri Chauhan,

3. Shailendra Chauhan, Son of Mathur Chauhan,

4. Devendra Chauhan, Son of Bishun Chauhan,

5. Lohari Chauhan, Son of Kishori Chauhan, All resident of Village - Barki Marhal, P.S. - Pakribarawan, District - Nawada. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.49125 of 2015 Arising Out of PS.Case No. -96 Year- 2015 Thana -PAKARIBARAW District- NAWADA ====================================================== Pappu Yadav, S/o Late Ramdeo Yadav, Resident of Village- Dharni Bigha, P.S.- Pakribrawan, District- Nawada.

.... .... Petitioner

Versus

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

(In Cr.Misc. No.46908 of 2015) For the Petitioners : Mr. Sudhir Kumar Sinha For the Opposite Party : Mr. Sucheta Yadav (App) (In Cr.Misc. No.49125 of 2015) For the Petitioner : Mr. Sheo Kumar Prasad For the Opposite Party : Mr. Shailendra Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2016 Both the aforesaid applications arise out of the same Pakribarawan P.S. Case No. 96 of 2015 registered under Sections 147, 149, 353, 379 and 427 of Indian Penal Code. Therefore,

Patna High Court Cr.Misc. No.46908 of 2015 (3) dt.27-01-2016 2/3 both the aforesaid applications have been heard together and are being disposed of by this common order.

The allegation is that due to death of Munna Yadav in the road accident, the mob blocked the road and damaged the bus. When the Police reached there, the mob raised various demands. The name of the eleven persons being the members of the mob, including the petitioners, was disclosed to the Police by the local Chowkidar.

Learned counsel for the petitioners submits that accusation against the petitioners is of damaging the bus due to death of Munna Yadav in road accident by the bus. The name of the petitioners have been disclosed to the Police by the local Chowkidar and the petitioners were not apprehended on the spot. Further submission is that similar situated co-accused Siya Ram Yadav, whose name was also disclosed along with the petitioners by the Chowkidar, has already been granted privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 14.12.2015 passed in Criminal Miscellaneous No. 56518 of 2015.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below

Patna High Court Cr.Misc. No.46908 of 2015 (3) dt.27-01-2016 3/3 within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada in connection with Pakribarawan P.S. Case No. 96 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T