Uttam Pal And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62833 of 2018 Arising Out of PS.Case No. -274 Year- 2017 Thana -WARISLIGANJ District- NAWADA ======================================================
1. Uttam Pal Son of Chandradew Bhagat
2. Phantoosh Pal son of Bhaso Bhagat
3. Rajesh Pal Son of Narayan Bhagat
4. Lakhan Kumar @ Lakhan Prasad Son of Manoj Kumar
5. Saneb Pal Son of Babu Lal Bhagat
6. Raj Kumar Pal Son of Nand Kishore Bhagat
7. Karoopal Son of Ramotar Pal
8. Sanjeet Pal Son of Bindeshwar Bhagat
9. Shankar Pal Son of Lutan Bhagat
10. Pintu Chaudhary Son of Lutan Bhagat
11. Uday Pal Son of Bindeshwar Bhagat
12. Manoj Pal Son of Bachu Bhagat
13. Madhuri Pal Son of Sita Ram Pal
14. Pankaj Pal Son of Dashrath Pal All resident of Village-Gareriya Bigha,P.S.-Warsiliganj,Distt.-Nawada .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 504, 337, 307, 353, 332, 333, 336, 427 of the Indian Penal Code.
The prosecution case, in brief, is that on account of a road accident, a woman became injured and when the informant along with other police personnel went to the place of occurrence, the mob assembled there tried to damage the tractor and attacked on police party.
Patna High Court Cr.Misc. No.62833 of 2018 (2) dt.11-10-2018 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. A protest was being made by the local residents against a road accident. No specific overt act has been attributed against the petitioners nor specific allegation of causing injury to anyone is attributed to the petitioners. The petitioners have been falsely implicated in the present case. The other similarly situated co-accused persons have been granted anticipatory bail by a coordinate bench of this Court vide order dated 21-08-2018 passed in Cr. Misc. No. 47865 of 2018. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Nawada in connection with Warisaliganj P.S. Case No. 274 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T