Gandhi Kahar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37063 of 2016 Arising Out of PS.Case No. -82 Year- 2015 Thana -AMAS District- GAYA ======================================================

1. Gandhi Kahar Son of Nagdeo Kahar

2. Krishna Yadav Son of Late Horil Yadav

3. Chandradeo Yadav Son of Krishna Yadav

4. Kameshwar Yadav Son of Late Dukhan Yadav all Resident of villagePindra, P.S.- Amas, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. This application for anticipatory bail arises out of Amas P.S. Case No. 82 of 2015, disclosing offences under Sections 147, 148, 149, 353, 332, 333, 307, 427, 379,323,235,383 of the Indian Penal Code and Section 27 of the Arms Act as well as Section 3 of the Bihar Crime Control Act.

There are 37 persons named and 150 persons not named, who have been made accused in the case with an allegation that they had blocked vehicular traffic on G. T. Road protesting against death of someone because of electrocution. Allegedly, when the police intervened, they

attacked the police party, damaged vehicles, assaulted the driver of the truck.

Learned counsel for the petitioners appears to be right in his submission that the allegation is general and omnibus. There is no specific allegation against these petitioners.

Considering the above, this application is allowed. Let petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below be released 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 Sri J. S. Dubey, learned Judicial Magistrate, First Class, Sherghati, Gaya, in Amas P.S. Case No. 82 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U