Manish Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16902 of 2018 Arising Out of PS.Case No. -83 Year- 2016 Thana -RAJPUR District- - ======================================================
1. Manish Kumar, Son of Lalbabu Sah,
2. Ramesh Kumar, Son of Kishori Sah,
3. Shambhu Prasad Chaurasiya, Son of Late Banaras Bhagat,
4. Nawal Kishore @ Nawal Kishore Gupta @ Nawal Kishore Prasad Gupta, Son of Kashi Sah.
5. Kamal Kishore @ Kamal Kishore Prasad Gupta, Son of Kashi Sah.
6. Ramashankar Sah, Son of Kishori Sah,
7. Jitendra Kumar, Son of Ramnath Sah @ Ramnath Prasad,
8. Ravindra Kumar, Son of Late Maujelal Sah.
9. Jitendra Kumar, Son of Achchelal Sah,
10. Rajkumar Sah, Son of Late Vishwanath Sah.
11. Sanjit Kumar, Son of late Ramashish Sah.
12. Pramod Kumar, Son of Dudhnath Sah.
13. Sri Narayan Sah, Son of Late Muneshwar Sah @ late Bhuneshwar Sah.
14. Ajeet Kumar, Son of Late Ramashish Sah.
15. Rajkumar Sah, Son of Kashi Sah.
16. Manoj Kumar Paswan, Son of Ramanand Paswan.
17. Manoj Kumar, Son of Krishna Sah.
18. Shambhu Mahto, Son of Yogi Mahto,
19. Pradeep Sah @ Pradeep Kumar, Son of Kishori Sah.
20. Jailal Ram @ Jiyalal Ram Son of Rajaram Ram,
21. Nawal Paswan @ Nawal Kishore Paswan, Son of Late Naga Paswan.
22. Harendra Ram @ Harindra Ram, Son of Late Bishnudeo Ram,
23. Sheojee Sah, Son of Late Ramcharitra Sah.
24. Suman Kumar, Son of Madan Sah, All residents of Village- Tetariya, P.S.- Rajepur, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-03-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Rajepur P.S.
Patna High Court Cr.Misc. No.16902 of 2018 (2) dt.30-03-2018 2/3 Case No. 83 of 2016 instituted for the offence under Sections 143, 144, 145, 147, 148, 149, 151, 152, 153A, 160, 295, 295A, 297, 298, 395, 341, 323, 504, 342 and 504 of the Indian Penal Code. In the written report it is alleged that 300-400 persons came at the shop of the informant and raised anti-Muslim slogans. The accused persons looted away cock and Rs.2,000/- cash from his poultry form.
It has been submitted that petitioners are not named in the First Information Report. Their names have come in the supervision note of Deputy Superintendent of Police. 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 Rajepur P.S. Case No. 83 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 Sub Divisional 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 jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and
Patna High Court Cr.Misc. No.16902 of 2018 (2) dt.30-03-2018 3/3 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 bond 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) S.Ali/- U T