Mukesh Sharma @ Mukesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 43323 of 2018 Arising Out of PS. Case No.-15 Year-2018 Thana- BEERPUR District- Begusarai ======================================================
1. Mukesh Sharma @ Mukesh Kumar, S/o Saudagar Sharma
2. Sunil Chaudhary @ Sunil Kumar Chaudhary, S/o Late Prithvi Chaudhary
3. Vijay Chaudhary S/o late Prithvi Chaudhary All residents of Vill.- Muzaffara, Ward No. 8, Bhavanandpur, P.S.- Birpur, District- Begusarai. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Smt Renu Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Birpur P.S. Case No.15 of 2018, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 504, 353, 307 and 427 of the Indian Penal Code. As per the F.I.R. on account of arrest of one Pritam Jayaswal the people of the locality blocked the road. When the Police Party tried to remove the blockade, they starting raising
Patna High Court Cr.Misc. No.43323 of 2018(2) dt.20-07-2018 2/3 anti-administration slogans and created nuisance. They also attached on the police party, as a result of which, two constables received injuries.
Learned counsel for the petitioner submits that the injuries are simple in nature, inasmuch as, no specific allegation has been made against these petitioners.
Considering the entire facts and circumstance of the case, let the above-named petitioners, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 1st, Begusaria, in connection with Birpur P.S. Case No.15 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. This is also subject to the condition that if the petitioners would be found involved in
Patna High Court Cr.Misc. No.43323 of 2018(2) dt.20-07-2018 3/3 similar type of action in future, the prosecution will be at liberty to make prayer for cancellation of bail of the petitioners. (Shivaji Pandey, J) pawan/- U