Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27376 of 2019 Arising Out of PS. Case No.-24 Year-2018 Thana- BARBIGHA District- Sheikhpura ====================================================== 1.

SANTOSH KUMAR Son of Saroj Mahto, Resident of Village- Sarba, P.S.- Barbigha, District- Sheikhpura.

2.

Ravi Kumar Son of Uday Kumar, Resident of Village- Sarba, P.S.- Barbigha, District- Sheikhpura.

3.

Niraj Kumar Son of Dinesh Singh, Resident of Village- Sarba, P.S.- Barbigha, District- Sheikhpura.

4.

Subodh Kumar @ Subodh Kumar Singh Son of Madan Singh, Resident of Village- Sarba, P.S.- Barbigha, District- Sheikhpura. 5.

Raja Kumar Son of Madan Singh @ Sadan Singh, Resident of VillageSarba, P.S.- Barbigha, District- Sheikhpura, at present Mirzapur, P.S.- Barbigha, District- Sheikhpura.

6.

Dhiraj Kumar Son of Dinesh Singh @ Sadan Singh, Resident of VillageSarba, P.S.- Barbigha, District- Sheikhpura, at present Mirzapur, P.S.- Barbigha, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Barbigha P.S. Case No. 24 of 2018 registered for offence punishable under sections 147, 148, 149, 341, 323, 353, 307, 504, 506, 435 of the Indian Penal Code and 415 of the Prevention of Damage of Property Act.

Patna High Court CR. MISC. No.27376 of 2019(2) dt.26-04-2019 2/3 On account of accident, in reaction, the people of locality had gone for rampant and blocked the road. In the FIR, general and omnibus allegation has been made against these petitioners.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheikhpura in connection with Barbigha P.S. Case No. 24 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence.

The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. If the petitioners are found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of their bail bonds.

Patna High Court CR. MISC. No.27376 of 2019(2) dt.26-04-2019 3/3 interrogation/investigation, they would present themselves, In case of failure, the prosecution will have liberty to make a prayer for cancellation of their bail before the court below. (Shivaji Pandey, J) mkchy/- U T