Shatrughan Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62327 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -PURANHIA District- SHEOHAR ======================================================

1. Shatrughan Das.

2. Bharat Das. Both sons of Asharfi Das, resident of Village- Basantpatti, P.S.- Purnahiya, District- Sheohar, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sudha Chandra, Advocate For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2018 Heard the learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in connection with Purnahia P.S.Case No. 62 of 2017 registered for offences punishable under Sections 147, 148, 149, 323, 341, 386, 387, 389, 427, 440, 436, 455, 457, 354, 354 (A) and 448 of the Indian Penal Code.

According to the informant, when the son of the coaccused died during the course of treatment on account of accident, his dead body was brought to the village and then 200 persons assembled whereafter the accused persons including the petitioners entered the house of the informant and started assaulting the informant and her family members as also engaged in destruction of house hold articles and loot. Learned counsel for the petitioner submits that there

Patna High Court Cr.Misc. No.62327 of 2017 (2) dt.04-01-2018 2/2 is general and omnibus allegation against all the accused persons numbering in all 19. It is also submitted that there is no allegation of any specific overt act against the petitioner and some of the coaccused persons have already been granted anticipatory bail by this Court.

Considering the facts and circumstances of the present case as also the fact that some of the co-accused persons have been admitted to the privilege of anticipatory bail , I deem it fit and proper to direct that the above named petitioners, in the event of their arrest/surrender before the Court below within six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned sub Divisional Judicial Magistrate, Sheohar in connection with Purnahia P.S.Case No. 62 of 2017, subject to the conditions enumerated under Section 438 (2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) Sudha/- U T