Baidyanath Mishra And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.770 of 2019 Arising Out of PS. Case No.-198 Year-2018 Thana- CHERIYA BARIYARPUR DistrictBegusarai ======================================================
1. Baidyanath Mishra Son of Chandra Sekhar Mishra
2. Fulo Mishra @ Fulena Mishra Son of Chandra Sekhar Mishra
3. Ram Babu Mishra Son of Chandra Sekhar Mishra
4. Manoj Mishra Son of Baidyanath Mishra
5. Mukesh Mishra Son of Bhallu Mishra
6. Vivek Kumar @ Balwant Mishra Son of Niranjan Mishra
7. Arjun Mishra Son of Ram Mohan Mishra
8. Kunal Mishra Son of Dinkar Mishra
9. Sujit Kumar Son of Ramesh Mishra All 1 to 9 are Resident of Village - Akopur, P.s. - Cheriya Bariyarpur Dist- Begusarai.
10. Ashutosh Chaudhary Son of Parmanand Choudhary
11. Ranjeet Chaoudhary Son of Bhola Choudhary 11 and 12 are Resident of Village - Gopalpur, P.S. Cheriya Beriyarpur Dist- Begusarai. ... ... Petitioner/s
Versus
The State Of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey For the Opposite Party/s :
Mr.Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Cheriya Bariyarpur P.S.Case No. 198 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 427, 337, 353, 117 and 332 of the Indian Penal Code.
It seems from the FIR that for the assault on one Amit Kumar by the accused persons, these
Patna High Court Cr.Misc. No.770 of 2019(2) dt.25-01-2019 2/3 petitioners were raising slogans and had blocked the road. It is also alleged that when the police went there to pacify the matter, the accused persons resorted to pelting stones, which caused damage to the police vehicle. One of the members of the police party is said to have sustained injury.
Learned counsel, appearing on behalf of the petitioners is correct in his submission that the allegation against the petitioners is general and omnibus in nature.
In the facts and circumstances of the case, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned ACJM, Manjhaul, Begusarai in Cheria Bariarpur P.S. Case No. 198 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the
Patna High Court Cr.Misc. No.770 of 2019(2) dt.25-01-2019 3/3 petitioners shall present themselves before the Police/Court, as the case may be, as and when required, and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) HR/- U T