Shambhu Chaudhary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42476 of 2016 Arising Out of P.S. Case No. -113 Year- 2016 Thana -MANIYARI DistrictMUZAFFARPUR =====================================

1. Shambhu Chaudhary, Son of Late Laxmi Chaudhary.

2. Guddu Baitha @ Arvind Kumar, Son of Ram Datt Baitha @ Ram Dev Baitha.

3. Vivek Kumar, Son of Harendra Sah @ Amrendra Sah.

4. Munna Kumar, Son of Ram Prasad Sah @ Ram Prasad Mahto.

5. Rajan Kumar, Son of Ram Prasad Sah @ Ram Prasad Mahto.

6. Santosh Ram, Son of Late Ramesh Ram.

7. Girinder Rai @ Girinder Kumar, Son of Heera Rai @ Hira Lal Rai.

8. Raj Kumar, Son of Ram Chandra Ram.

9. Shambhu Paswan, Son of Heera Paswan.

10. Binod kumar @ Binod Sah, Son of Late Asharfi Sah.

11. Malti Devi, Wife of Shambhu Paswan.

12. Ravindra Rai @ Ravindra Kumar Rai, Son of Heera Lal Rai.

13. Munna Mahto @ Avinash Kumar, Son of Shiv Nandan Mahto.

14. Arun Paswan, son of Parori Paswan.

15. Kaleshwar Manjhi, Son of Mangal Manjhi.

16. Umesh Sah, Son of Jaga Sah.

17. Fakira Pattay, Son of Late Shivjee Patty.

18. Ram Nath Paswan, Son of Devi Paswan.

All Resident of Village - Baghi, P.S. - Maniyari, District - Muzaffarpur.

.... .... Petitioner/s

Versus

Patna High Court Cr.Misc. No.42476 of 2016 (2) dt.17-10-2016 2/3

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Vasant Vikas, Adv. For the Opposite Party/s : Mr. Ajit Kumar, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Maniyari P.S. Case No. 113 of 2016, disclosing offences under Sections 147, 149, 341, 342, 323, 332, 353, 427, 435, 307, 504 and 506 of the Indian Penal Code and Sections 5 and 6 of the Essential Services Maintenance Act.

Learned counsel, appearing on behalf of the petitioners, has submitted that there is general and omnibus allegation against 29 persons named and 500-600 unnamed in the F.I.R. of creating disturbance near a branch of North Bihar Gramin Bank and brick-batting on police party when they tried to intercede into the matter in order to pacify the situation.

Learned counsel, appearing on behalf of the petitioners, appears to be correct in his submission that the

Patna High Court Cr.Misc. No.42476 of 2016 (2) dt.17-10-2016 3/3 allegations are general and vague.

Considering the submission, as above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Maniyari P.S. Case No. 113 of 2016, subject to the condition 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.) Praveen-II/-c U T