Amit Kumar And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57139 of 2015 Arising Out of PS.Case No. -189 Year- 2015 Thana -GURUA District- GAYA ======================================================
1. Amit Kumar,
2. Rajesh Kumar, Both are Sons of Umesh Prasad, Residents of Village- Sri Ram Bigha P.S.- Gurua, District- Gaya.
3. Umesh Prasad Gupta, Son of - Late Brichh Sao, Residents of VillageBraie Bigha, P.S.- Gurua, District- Gaya.
4. Ashutosh Kumar, Son of - Bhikari Singh, Residents of Village- Itwan, P.S.- Gurua, District- Gaya
5. Sanjay Kumar, Son of - Baidnath Prasad, Residents of Village- Gurua, P.S.- Gurua, District- Gaya
6. Lakhan Prasad, Son of -Ram Kishun Prasad, Residents of Village- Cheie, P.S.- Gurua, District- Gaya
7. Kamlesh Kumar, Son of - late Ram Balak Singh, Residents of VillageBirahiya, P.S.- Gurua, District- Gaya
8. Indradeo Prasd @ Indradeo Mahto @ Inderdeo Prasad Son of - Sheonath Mahto, Residents of Villlage- Kajeri- Bigha, P.S.- Gurua, District- Gaya
9. Satya Nand Sahu @ Satya Nand Sahi Son of- Kishun Singh, Residents of Village- Itwan, P.S.- Gurua, District- Gaya
10. Dr. Kapil @ Dr Kapildeo Singh, Son of - Shiv Jatan Singh, Residents of Village- Gurua, P.S.- Gurua, District- Gaya
11. Kamlesh Kumar, Son of - Ramautar Singh, Residents of Village- Bara, P.S.- Gurua, District- Gaya
12. Dilip Kumar, Son of - Bhuneshwar Prassd, Residents of VillageParswana, P.S.- Gurua, District- Gaya .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Patna High Court Cr.Misc. No.57139 of 2015 (2) dt.18-12-2015 ORAL ORDER 18-12-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 337, 353, 186, 188, 504 of the Indian Penal Code.
The prosecution case is that the mob tried to get release tractor driver, who was apprehended along with tractor and the tractor was seized, blocked the road and thereby obstructed the police personnel to discharge his duty.
It is submitted by the learned counsel for the petitioners that the alleged person was not a tractor driver, who is a Panchayat Mukhiya. On protest being made by the mob, highhandedness of the police, the prosecution case has been lodged by malicious accusation. Admittedly, no injury has been caused to anyone.
Considering the omnibus and general nature of accusation, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sri G.N. Dubey, Judicial Magistrate, Ist Class, Gaya in
Patna High Court Cr.Misc. No.57139 of 2015 (2) dt.18-12-2015 connection with Gurua P.S. Case No. 189 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T