Brajnandan Singh @ Brijnandan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40926 of 2018 Arising Out of PS.Case No. -276 Year- 2018 Thana -SONEPUR District- SARAN ======================================================

1. Brajnandan Singh @ Brijnandan Singh, Son of Late Rameshwar Rai, Resident of village- Jahangirpur, Police Station Sonpur, District Saran at present resident of Mohalla- Radha Krishna Market, Beur more, Police Station- Beur, District- Patna.

2. Balram Kumar, Son of Late Ram Tekari Rai.

3. Krishna Murari Singh, Son of Late Ram Tekari Rai.

4. Tipan Prasad Rai @ Tipan Rai, Son of Late Ram Bahadur Rai, All resident of Village- Jahangirpur, Police Station- Sonpur, District- Saran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Kumar Singh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2018 The petitioners are apprehending their arrest in connection with Sonpur P.S. Case No. 276 of 2018, registered for offences punishable under Sections 341, 353, 504 and 34 of the Indian Penal Code.

Allegation as per F.I.R. is that the petitioner and large number of other co-accused persons obstructed the work of the highway project.

It has been submitted on behalf of the petitioners that as a matter of fact the petitioners were protesting against the non payment of appropriate compensation amount and for which they have also preferred a writ bearing C.W.J.C. No. 20525 of 2012 in

Patna High Court Cr.Misc. No.40926 of 2018 (2) dt.16-07-2018 2/3 the High Court. Moreover, no specific allegation has been attributed to the petitioners rather only general and omnibus allegation has been levelled.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Chhapra, in connection with Sonpur P.S. Case No. 276 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on

Patna High Court Cr.Misc. No.40926 of 2018 (2) dt.16-07-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/-Amjad U T