Nawal Kishore @ Nawal Kishore Prasad Gupta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16644 of 2018 Arising Out of PS.Case No. -78 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nawal Kishore @ Nawal Kishore Prasad Gupta, Son of Kashi Sah,

2. Kamal Kishore @ Kamal Kishore Prasad Gupta, Son of Kashi Sah,

3. Shambhu Prasad Chauraiya, Son of Late Banaras Bhagat,

4. Ramashankar Sah, Son of Kishori Sah,

5. Jitendra Kumar, Son of Ramnath Sah @ Ramnath Prasad,

6. Ravindra Kumar, Son of Late Maujelal Sah,

7. Jitendra Kumar, Son of Achchelal Sah,

8. Raj Kumar Sah, Son of Late Vishwanath Sah,

9. Sanjit Kumar, Son of Late Ramashish Sah,

10. Pramod Kumar, Son of Dudhnath Sah,

11. Sri Narayan Sah @ Shri Narayan Prasad, Son of Late Muneshwar Sah @ Late Bhuneshwar Sah,

12. Ajeet Kumar, Son of Late Ramashish Sah,

13. Ramesh Kumar, Son of Kishori Sah,

14. Suman Kumar, Son of Madan Sah,

15. Manoj Kumar Paswan, Son of Ramanand Paswan,

16. Manoj Kumar, Son of Krishna Sah,

17. Pradeep Sah @ Pradeep Kumar, Son of Kishori Sah,

18. Jailal Ram @ Jiyalal Ram Son of Rajaram Ram,

19. Manish Kumar, Son of Lalbabu Sah,

20. Sheojee Sah, Son of Late Ramcharitra Sah,

21. Nawal Paswan @ Nawal Kishore Paswan, Son of Late Naga Paswan,

22. Harendra Ram, son of Late Bishnudeo Ram, all residents of villageTetariya, P.S.- Rajepur, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Rajepur P.S. Case No.78 of 2016 instituted for the offence under Section(s)

Patna High Court Cr.Misc. No.16644 of 2018 (2) dt.29-03-2018 2/3 143, 144, 145, 147, 148, 149, 151, 152, 153-A, 160, 295, 295-A, 297, 298, 395, 341, 342, 323, 504 Indian Penal Code. Counsel for the petitioners has submitted that except petitioner nos.21 and 22, none of the petitioners are named in the First Information Report. Their names have come in the supervision note of the police.

In the written report, it is alleged that on the date of occurrence about 350-400 persons after forming an unlawful assembly armed with weapon came at the shop of the informant and started raising anti-muslim slogans and looted away the articles worth rupees two lac fifty thousand. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Rajepur P.S. Case No.78 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 the SubDivisional Judicial Magistrate, Sadar, East Champaran, Motihari, 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

Patna High Court Cr.Misc. No.16644 of 2018 (2) dt.29-03-2018 3/3 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or 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) JA/- U T