Daya Dubey @ Daya Nath Dubey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7120 of 2017 Arising Out of PS.Case No. -260 Year- 2016 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Daya Dubey @ Daya Nath Dubey, Son of Late Rambyas Dubey,

2. Paras Dubey @ Paras Nath Dubey, Son of Late Rambyas Dubey.

3. Bikarma Sharma @ Bikrama Sharma @ Bikrama Sharma @ Vikrama Sharma, Son of late Sheobachan Sharma.

4. Dular Sharma @ Ram Dular Sharma, Son of Late Haribansh Sharma.

5. Abinas Dubey, Son of Paras Dubey.

6. Abhimanyu Dubey, Son of Paras Dubey.

7. Sonu Sharma, Son of Dular Sharma,

8. Sunil Dubey, Son of Sri Ram Dubey,

9. Jai Hind Sharma, son of Late Ram Bachan Sharma.

10. Buchi Sharma @ Buchchi Sharma, son of Suraj Sharma, All residents of Village- Madaini, P.S.- Sheosagar, District- Rohtas.

11. Bimlesh Pandey, Son of Sri Haridwar Pandey, resident of VillageSonbarsa, P.S.- Sheosagar, District- Rohtas. .... .... Petitioners

Versus

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

For the Petitioners : Ms. Kumari Priyanka, Advocate.

For the Opposite Party : Mr. Amitesh Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-07-2017 Heard both sides.

The petitioners apprehend their arrest in Shivsagar P.S. Case No. 260 of 2016 registered for the offences punishable under Sections 147, 148, 149, 153(A), 295, 295(A), 505(C), 506 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that on the same facts and for the same occurrence Shivsagar P.S. Case No. 259 of 2016 was registered under Sections 147, 148, 149, 153(A), 295, 295(A), 505(C), 427 and 353 of the Indian Penal Code.

Patna High Court Cr.Misc. No.7120 of 2017 (4) dt.04-07-2017 2/2 Shivsagar P.S. Case No. 259 of 2016 was registered on the basis of the statement of the police officer and the present case i.e. Shivsagar P.S. Case No. 260 of 2016 is registered on the basis of fardbeyan of Shahabuddin Khalifa but no specific allegation is made against the petitioners. The petitioners have already been enlarged on anticipatory bail in Shivsagar P.S. Case No. 259 of 2016 vide order dated 18.03.2017 passed in Cr. Misc. No. 6644 of 2017.

Considering the facts that on same and similar allegation Shivsagar P.S. Case No. 259 of 2016 was registered in which the petitioners have already been enlarged on anticipatory bail, the petitioners above named in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram Rohtas in Shivsagar P.S. Case No. 260 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T