Manoranjan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39578 of 2024 Arising Out of PS. Case No.-1102 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== 1.
Manoranjan Singh SON OF LATE HARDEV SINGH VILLAGE- AURAHI, PS- PURAINI, DIST- MADHEPURA 2.
RAMCHANDRA DAS SON OF LATE BINDESHWARI DAS VILLAGEWARD NO. 05, LENIN NAGAR, BHARAHI, PS- MADHEPURA, DISTMADHEPURA 3.
RAMPARI @ COMRADE RAMPARI WIFE OF AWADHESH KUMAR VILLAGE- JAMAL ROAD, PS- PATNA, DIST- PATNA 4.
RAMSHARN YADAV @ COMRADE RAMSHARAN YADAV SON OF LATE PALAT YADAV VILLAGE- GOSAI TOLA MURLIGANJ, WARD NO. 4 PS- MURLIGANJ, DIST- MADHEPURA 5.
KRISHNA KUMAR YADAV SON OF KAMLESHWARI YADAV VILLAGE- HARIBOLA, WARD NO. 6 PS- KUMARKHAND , DISTMADHEPURA 6.
RANJIT YADAV @ RANDHIR YADAV SON OF RAMNANNDAN YADAV VILLAGE- SHIVPURI, SAHARSA, PS- SAHARSA, DISTSAHARSA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-06-2024 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Madhepura P.S. Case No. 1102 of 2023 for the offence under Sections 188, 353 and 34 of the I.P.C. lodged on 01.11.2023 by the informant, Purushottam Kumar.
3. As per the prosecution story, the informant alleged that though the political party was allowed to hold a general meeting near Kala Bhawan, Madhepura, they blocked the main gate of Madhepura Collectorate causing serious law and order problem as also disrupting the traffic affecting the working of
Patna High Court CR. MISC. No.39578 of 2024(2) dt.26-06-2024 2/3 the Collectorate. Accordingly, the FIR.
4. Learned counsel for the petitioners submit that they were passer-by, implicated only because they have criminal antecedent which has been brought on record by way of supplementary-affidavit. Further, without accepting the allegation and/or outcome of the present petition, learned counsel for the petitioners submit that they are ready to pay Rs. 1,000/- each (totalling Rs. 6,000/-) to the Chief Minister's Relief Fund.
5. Learned APP opposes the prayer.
6. Considering the submissions put forward by the learned counsel for the petitioners as aforesaid as also the fact that the allegation is omnibus in nature, this court is inclined to extend them privilege of anticipatory bail with conditions subject to payment of Rs. 1,000/- each (totalling Rs. 6,000/-) to the Chief Minister's Relief Fund and the receipts to be submitted to the Court.
7. Let the petitioners be released on bail in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in
Patna High Court CR. MISC. No.39578 of 2024(2) dt.26-06-2024 3/3 connection with Madhepura P.S. Case No. 1102 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T