Durga Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66935 of 2018 Arising Out of PS. Case No.-59 Year-2018 Thana- ADHAOURA District- Bhabhua (Kaimur) ======================================================

1. Durga Devi Wife of Lillu Chero @ Billu Chero @ Jay Prakash Chero

2. Kadir Ansari @ Kadir Khan @ Fadir Ansari Son of Mohammad Sukur

3. Satya Narayan Yadav Son of Late Ramdas Yadav

4. Lal Saheb Sinhg Son of Satya Narayan Singh

5. Ajeet Chero @ Ajeet Kumar Singh Son of Late Sarayu Chero

6. Ramashish Singh Son of Late Chhotu Singh

7. Bhim Singh Son of Arjun Singh

8. Prabhu Chero Son of Ram Raksha Chero

9. Phulan Sah Sonof Late Bahadur Sah

10. Sarbjeet Sah Son of Prahlad Sah 11.Moti Ram @ Moti Lal Ram Son of Chaturbhuj Ram

12. Samim Ansari @ Salim Ansari Son of Sagir Ansari

13. Shambhu Singh Son of Marachhu Singh @ Sarayu Singh

14. Dhanesh Ram Son of Kesh Ram

15. Bechu Singh Son of Late Shiv Kumar Singh

16. Kailash Gond Son of Late Sukhdeo Gond

17. Kamal Ram @ Kamala Ram Son of Murari Ram

18. Rajbansh Paswan Son of Late Phulchand Paswan

19. Billu Chero @ Lillu Chero @ Jay Prakash Chero Son of Shiv Narayan Chero

20. Nagina Singh Son of Rajdhari Singh

21. Ram Pati Ram Son of Banshropan Ram

22. Sagir Ansari Son of Mohammad Sukur All are Resident of Village-Jamuninar,Police Station Adhoura,Distt.-Kaimur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Pathak For the Opposite Party/s :

Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in

Patna High Court Cr.Misc. No.66935 of 2018(2) dt.17-12-2018 2/3 connection with Adhoura P.S. Case No. 59 of 2018 for the offence under Sections 147, 149, 323, 427, 353 and 504 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner no.11 has been arrested during the pendency of the application, in view of the above, the application on behalf of petitioner No11 has become infructuous.

Learned counsel for the petitioners submits that the remaining petitioners have no criminal antecedent. Referring to the prosecution story he submits that the instant case was registered at the instance of A.S.I. of Adhoura Police Station. In the instant case 100-150 persons other than the named in the FIR have been made accused. Learned counsel for the petitioners submits that for an inquiry on an application given by one Sona Kumar police directed five persons of both sides to come at police station but instead of five persons large number of villagers assembled at the police station and thereafter disturbance took place and the instant case was registered. Considering the fact large number of persons have been made accused in the instant case at the instance of police and the alleged occurrence was taken place at the police station

Patna High Court Cr.Misc. No.66935 of 2018(2) dt.17-12-2018 3/3 yet there is delay of 24 hours in lodging formal FIR, let the petitioners above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of Shri Shailendra Kumar, Judicial Magistrate, 1st Class, Kaimur at Bhabua in connection with Adhoura P.S. Case No. 59 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C. (Anil Kumar Upadhyay, J) T.Kr./- U T