Bipin Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9798 of 2016 Arising Out of PS.Case No. -46 Year- 2014 Thana -KARPI District- JEHANABAD ======================================================
1. Bipin Kumar, Son of Jamadar Singh,
2. Bitu Singh @ Bitu Kumar, Son of Shivdhar Singh,
3. Surendra Shah @ Surendra Sao, Son of Ram Chandra Shah,
4. Ravindra Yadav @ Ravindra Kumar, Son of Kameshwar Bhagat @ Kameshwar Yadav
5. Ankul Kumar, Son of Krishna Singh,
6. Monu Kumar, Son of Beyash Singh @ Anil Singh,
7. Rajnish Kumar, Son of Raghulal Ram,
8. Awadhesh Sao @ Audhesh Kumar, Son of Pradeep Sao,
9. Sonu Yadav @ Sonu Kumar, Son of Late Rajdeo Yadav. All are resident of village - Pachkeshar, Police Station - Karpi in the district of Arwal.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-03-2016 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend arrest in connection with Karpi P.S. Case No. 46/14 for offences alleged under Sections 147, 149, 427, 353, 504 of the Indian Penal Code. The prosecution case, as lodged by A.S.I. of Karpi Police Station, is that on 17.03.2014 they had installed tent and arranged generator, tube-light, bulb etc. On 18.03.2014 at about 9.30 hours 15-20 villagers came near the police tent and started
Patna High Court Cr.Misc. No.9798 of 2016 (2) dt.30-03-2016 2/3 abusing them and demanded that the tent be removed from here and returned back. Again about 10.30 hours villagers came and started abusing the administration. Officials tried to pacify the matter but they including petitioners entered the tent and damaged tent, bulb, tube light etc. On 17.03.2014 on the occasion of Holi some altercation took place between two communities and to maintain the law and order the informant and other officials were deputed there.
It has been submitted by the learned counsel for the petitioners that there was altercation between the Hindu and the Muslim community for which earlier Karpi P.S. Case No. 42/14 has been lodged against the petitioners and others and altogether there was a mob of more than 100 people. He further submits that the allegations are general and omnibus and no specific allegation is assigned to any of the petitioners. However, learned APP for the State submits that petitioners are named in the First Information Report and opposes the prayer for bail.
Be that as it may, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two
Patna High Court Cr.Misc. No.9798 of 2016 (2) dt.30-03-2016 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal, in connection with Karpi P.S. Case No.46/14, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.) Rajesh/- U T