Vishwanath Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42120 of 2016 Arising Out of PS.Case No. -56 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ======================================================
1. Vishwanath Rai son of Thaga Rai
2. Jagarnath Rai son of Thaga Rai
3. Bhagirath Bhagat son of Late Fudena Bhagat
4. Ram Chandra Mahto son of Late Bhado Mahto
5. Chandan Kumar son of Jai Lal Mahto
6. Vinay Srivastava son of Late Amresh Prasad
7. Guddu Srivastava son of Late Amresh Prasad
8. Rambabu Prasad son of Late Jai Govind Bhagat
9. Satan Rai @ Santan Rai son of Late Pathalu Rai
10. Babu Lal Sahani son of Late Munsi Sahani All are resident of Senduari, P.S.- Motipur, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Bela Singh For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-10-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Motipur P.S. Case No. 56 of 2015, disclosing offences under Sections 144,283,290,291,353 of the Indian Penal Code. It is alleged against all the 23 persons named in the First Information Report and other 200 persons not named, that they blocked the vehicular traffic on a road because of some dispute in relation to distribution of Ration Card. They are said to have caused obstructions in due discharge of the officials duties by public servants
who had gone there to pacify the situation and clear the blockage. Learned counsel appearing on behalf of the petitioners has submitted that the allegation is apparently vague, general and omnibus. She has submitted that the petitioners have been named only on the basis of information which the informant received from the co-villagers and Chowkidar.
Considering the above, this application is allowed. Let the petitioners above-named, in the event of their arrest/surrender within four weeks from today in the Court below 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 the learned SubDivisional Judicial Magistrate, West Muzaffarpur in Motipur P. S. Case No. 56 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ArunKumar/-c U