Maheshwar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44069 of 2019 Arising Out of PS. Case No.-269 Year-2014 Thana- PUPRI District- Sitamarhi ====================================================== 1.

Maheshwar Das S/o Late Basudeo Das 2.

Kishori Sah S/o Ram Dhyan Sah 3.

Vishwanath Thakur S/o Late Sadhu Thakur 4.

Prakash Sah @ Pragas Sah S/o Late Sonelal Sah 5.

Dinesh Ram S/o Ram Brichh Ram All are resident of village- Birauli, P.S.- Pupari, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Pupari P.S. Case No. 269 of 2014 registered for offence punishable under sections 147, 149, 341, 342, 186, 283 and 353 of the Indian Penal Code. Allegation has been made that a large number of people paralyzed the regular movement and they were raising slogan against the police on account of death of one Jogendra Ram. There is also allegation to have assaulted the police force. The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.44069 of 2019(2) dt.18-07-2019 2/3 there is no specific allegation against these petitioners, rather general and omnibus allegation has been made against them. Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Pupari in connection with Pupari P.S. Case No. 269 of 2014, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. If the petitioners are found involved in similar type of allegation in future, the prosecution will have liberty to file an application for cancellation of their bail bonds.

Patna High Court CR. MISC. No.44069 of 2019(2) dt.18-07-2019 3/3 reason, the prosecution will have liberty to make a prayer for cancellation of their bail before the court below. (Shivaji Pandey, J) Mahesh/- U T