Badri Miyan @ Badri Mia And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11006 of 2015 Arising Out of PS.Case No. -285 Year- 2014 Thana -DUMRA District- SITAMARHI ======================================================

1. Gautam Kumar @ Gautam Singh son of Sri Lakshmi Nandan Singh Resident of village - Athari, P.S. - Runnisaidpur, District - Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.19147 of 2015 Arising Out of PS.Case No. -285 Year- 2014 Thana -DUMRA District- SITAMARHI ======================================================

1. Badri Miyan @ Badri Mia Son of Late Ojarat Miyan

2. Jahoor Miyan @ Md. Jahoor Son of Late Sharif Miyan Both are resident of village - Bhatauliya, Police Station Bairgania, District - Sitamarhi .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.11006 of 2015) For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Madhuranand Jha(App) (In Cr.Misc. No.19147 of 2015) For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-05-2015 The petitioners are apprehending their arrest in connection with Dumra P.S. Case No. 285 of 2014 for the offence under Sections 147, 148, 149, 323, 325, 307, 447, 448, 452, 353, 186, 427, 435, 436, 109, 224, 225, 440, 120B of the Indian Penal Code and 52 of the Prisoners Act.

Patna High Court Cr.Misc. No.11006 of 2015 (4) dt.21-05-2015 Heard learned counsel for the petitioners and the State.

The prosecution story, in brief, is that when the prisoner Santosh Jha and Madhav Chaudhary were transferring to another jail, their supporters created nuisance in the jail campus and started throwing bricks and stones upon the informant and officers and injured them, broke the gate of campus, set the hospital and stores room on fire. It is submitted on behalf of the petitioners that at the time of incident the petitioners were in judicial custody in connection with some other case. Subsequently, after their release on bail in connection with the respective cases they were subsequently remanded in the present case. It is further submitted that as per the prosecution, omnibus and general allegation has been made against them. No specific overt act has been attributed against the petitioners.

On behalf of the State, it has been submitted that the petitioners are named in the First Information Report. Considering the aforesaid facts, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of eight weeks, 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 learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 285 of 2014, subject to

Patna High Court Cr.Misc. No.11006 of 2015 (4) dt.21-05-2015 the conditions as laid down under Section 438(2) Cr.P.C. (Sudhir Singh, J) P.K./- U T