Sharwan Modi @ Sharban Kumar Modi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3191 of 2018 Arising Out of PS. Case No.-304 Year-2017 Thana- KHAIRA District- Jamui ======================================================
1. SHARWAN MODI @ SHARBAN KUMAR MODI, S/o Late Bhola Modi,
2. Dipak Sharma @ Deepak Kumar Sharma S/o Ashok Mistri @ Ashok,
3. Jogi Yadav S/o Dwarika Yadav, All are R/o Village- Khaira, P.S.- Khaira, District- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha For the Opposite Party/s :
Mr. SRI SURENDRA KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-01-2018 Heard both sides.
Prayer is for grant of anticipatory bail in Khaira P.S. Case No. 304 of 2017 registered under Sections 147, 384, 435/188/353, 153A/295, 120B of the Indian Penal Code. More than 100 persons including the petitioners are alleged to have constituted a mob which raised slogans and committed acts promoting enmity between two groups on the grounds of religion, race, place of birth etc. Learned counsel submits that the allegation is general and omnibus. Petitioners do not carry any criminal antecedent. Considering the above, two accused persons, like the petitioners, have been granted anticipatory bail vide order dated 11.01.2018 passed in Cr. Misc. No. 563 of 2018
Patna High Court Cr.Misc. No.3191 of 2018(2) dt.17-01-2018 2/2 a web copy whereof has been handed in which is taken on record marked 'Y' for identification.
Let the petitioners abovenamed be released on bail in the event of their arrest or surrender in the Court below within four 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 Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 304 of 2017 subject to the condition laid down under section 438(2) of Cr.P.C. with further following conditions:
(I) One of the bailors shall be own/close family member of the petitioners.
(ii) In the event of framing of charge, the petitioners shall appear in person on all dates fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel their bail bonds and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T