Kundan Singh @ Kundan Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77539 of 2018 Arising Out of PS. Case No.-174 Year-2017 Thana- BHARGAMA District- Araria ======================================================

1. Kundan Singh @ Kundan Kumar Singh and Ors S/o Late Chandeshwar Prasad Singh,

2. Pravesh Singh S/o Bhuvneshwar Prasad Singh,

3. Mathura Nand Bishwas S/o Jagdish Prasad Bishwas,

4. Sukal Roy @ Sukal E Roy S/o Sukhi Roy,

5. Mukesh Paswan S/o Late Maheshwari Paswan,

6. Daya Nand Bharti S/o Late Bechan Yadav, Petitioner No. 1 to 4 are Residents of Vill.- Rampur Adi and the Petitioner no. 5 and 6 are residents of Vill.- Manulahpatti, All P.S.- Bhargama, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate.

For the Opposite Party/s :

Mr. Narsingh Tanti, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Bhargama P.S.Case No. 174 of 2017 registered under Sections 143, 151, 341, 323, 353, 384, 504 & 506 of the Indian Penal Code.

It is contended that a peaceful protest was made by the villagers for supply of electricity. There was no damage done to any property or any person. The FIR has been instituted against altogether 30 named and more than 200-300 unknown persons. It is further contended that the petitioners have got no

Patna High Court Cr.Misc. No.77539 of 2018(2) dt.24-01-2019 2/2 criminal antecedent and having got roots in the society they are not likely to abscond or tamper with the evidence. It is further contended that the ingredients of Section 384 & 353 of the Indian Penal Code are not attracted in the present case. Learned counsel for the State opposed the application for grant of pre-arrest bail of the petitioners. Considering the allegation made in the FIR and the submissions made above, in the event of arrest or surrender before the court below, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Bhargama P.S.Case No. 174 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) pradeep/sneha U T