Pappu Pandey And Bappu Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25175 of 2018 Arising Out of PS.Case No. -53 Year- 2018 Thana - DURGAWATI District- BHABHUA (KAIMUR) =====================================

1. Pappu Pandey @ Bappu Pandey, S/o Girdhari Pandey,

2. Vinod Pandey, S/o Keshav Pandey, Both R/o Village- Gangapur, P.S.- Durgawati, DistrictKaimur.

3. Suture Bind @ Suturu Bind, S/o Bitari Bind.

4. Gulu Bind, S/o Late Bhrugu Bind.

5. Murahu Pal, S/o Vindhyachal Pal, All R/o Village- Sarangpur, P.S.- Durgawati, DistrictKaimur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sujeet Kumar, Adv. For the Opposite Party/s : Mr. Ram Naresh Ray, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2018 The petitioners seek bail in anticipation of their arrest in connection with Durgawati P.S. Case No. 53 of 2018, dated 05.02.2018, instituted for the offences punishable under Sections 147, 149, 283, 290, 342, 323, 332, 337, 353, 427 and 504 of the Indian Penal Code.

Patna High Court Cr.Misc. No.25175 of 2018 (2) dt.03-05-2018 2/3 Learned counsel for the petitioners has submitted that but for Sections 332 and 353 of the Indian Penal Code, all other offences, which have been charged against the petitioners, are bailable in nature.

The petitioners along with several others are alleged to have blocked the road in protest against the death of a cyclist because of road accident. The accused persons are alleged to have created ruckus on the road leading to disturbed traffic flow and injuries to some of the persons who were traveling. Despite persuasion by the police, the mob, of which the petitioners were part, continued to disturb the traffic for quite sometime.

It has been submitted that nothing specific has been alleged against the petitioners and it is also not sure as to how their names have transpired in the First Information Report. Who told the informant about the participation of the petitioners in the occurrence is also not known. The petitioners do not have any criminal antecedent.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court Cr.Misc. No.25175 of 2018 (2) dt.03-05-2018 3/3 each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Durgawati P.S. Case No. 53 of 2018.

(Ashutosh Kumar, J) Praveen-II/- U T