Patna High CourtCR. MISC./563/2018bail granted

Lalan Modi And ANR v. The State Of Bihar

2018-01-11Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.563 of 2018 Arising Out of PS.Case No. -304 Year- 2017 Thana -KHAIRA District- JAMUI ======================================================

1. Lalan Modi, S/o Late Rajo Modi,

2. Pappu Modi S/o Late Rajo Modi, Both are resident of village and P.S.- Khaira, District- Jamui. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate For the State : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Khaira P.S. Case No.304 of 2017 registered under Sections 147, 384, 435, 188, 353, 153A, 295 and 120B of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that more than hundred persons have been made accused in a case which has been instituted by the Officer Incharge merely on suspicion. He submitted that there is no material to support that the petitioners were promoting enmity between groups on grounds of religious, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony. He submitted

Patna High Court Cr.Misc. No.563 of 2018 (2) dt.11-01-2018 2/2 that the petitioners have got roots in the society and never ever have been made accused in any criminal case.

Despite repeated calls, no body appeared on behalf of the State to oppose the application filed by the petitioners. Considering the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on 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 Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No.304 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T