Krishna Kumar Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44129 of 2018 Arising Out of PS.Case No. -56 Year- 2018 Thana -SISWAN District- SIWAN ======================================================
1. Krishna Kumar Prasad, Son of Chhatu Lal Prasad,
2. Sarbind Gupta @ Sarbind Kumar Gupta, Son of Sri Krishna Prasad.
3. Yugal Soni @ Yugal Kumar Sony, Son of Mukti Nath Soni.
4. Chhotelal Sah @ Chhotelal Prasad, Son of Late Bacha Sah.
5. Sunil Prasad @ Sunil Kumar Prasad, Son of Late Prabhuji Prasad, All four resident of Village- Usari Bujurg, Police Station- M.H. Nagar, Hussanpura, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2018 Heard the parties.
The petitioners are apprehending their arrest in connection with Siswan (M.H. Nagar) P.S.Case no.56 of 2018 , registered for offences punishable under Sections 147, 148, 149, 343, 353, 188, 307, 332, 333, 337, 338, 295(A), 296, 427, 435, 504, 506 of the Indian Penal Code.
Allegation against the petitioners as per FIR is that some miscreants started disturbing the communal harmony by taking procession and the petitioner is named in the FIR Submission of the learned counsel for the petitioners is that except that they are named in the FIR, no specific allegation has
Patna High Court Cr.Misc. No.44129 of 2018 (2) dt.27-07-2018 2/2 been attributed against them.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-X, Siwan in connection with Siswan (M.H. Nagar) P.S.Cae nO.56 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :
(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 will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T