Chandrika Prasad Roy And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25657 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -BAUNSI District- ARRARIA ======================================================
1. Chandrika Prasad Roy, Son of Basudeo Roy.
2. Md. Firoz, son of Md. Majid.
3. Chandra Nand Roy, son of Khikhar Roy.
4. Kalawati Devi, wife of Chandra Nand Roy.
5. Birendra Roy, son of Khikhar Roy.
6. Yogendra Roy @ Yogendra Roy, son of Bhuneshwar Roy.
7. Sitaram Rishideo, son of Fuleshwar Rishideo.
8. Neelam Rani, wife of Gaukan Roy.
9. Upendra Roy, son of Khikhar Roy.
All are residents of Village Gunwanti, Bhagwa tola, Police Station Bausi, District- Araria.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rama Nand Poddar, Advocate. For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bausi P.S. Case No. 39 of 2016 instituted for the offence under Sections 341, 342, 353 and 504/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that they have no criminal antecedent. There is general and omnibus allegation against the petitioners.
As per written report, 20-25 persons including these
Patna High Court Cr.Misc. No.25657 of 2017 (3) dt.06-07-2017 2/3 petitioners created nuisance at the Poling Booth at the time of election of Mukhiya and raised slogan against the police. From the written report it appears that there is general and omnibus allegation against the petitioners. The other coaccused with similar allegations have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 18.5.2017 passed in Cr. Misc. 22118 of 2017.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bausi P.S. Case No. 39 of 2016, they shall be released on anticipatory 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 1st Additional Chief Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or
Patna High Court Cr.Misc. No.25657 of 2017 (3) dt.06-07-2017 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T