Uday Soni And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44536 of 2015 Arising Out of PS.Case No. -164 Year- 2014 Thana -SAHAR District- BHOJPUR ======================================================
1. Uday Soni Son of Dineshar Sah
2. Mantu Kumar Keshri @ Chokha @ Mantu @ Mantu Keshri Son of Kashi Sah
3. Ravi Kumar Keshari @ Ravikant @ Ravi Kumar Son of Bishnpat Kesri
4. Krishna Chaudhary Son of Shiv Lal Chaudhary
5. Shashi Kumar @ Shashi Bhushan Kumar Son of Bachan Ram
6. Baban Chaudhary Son of Manrupi Chaudhary
7. Madhukar Prasad Son of Bishvnath Prasad
8. Ravindra Kumar @ Ravindra Prasad Son of Lakhan Sah
9. Binod Baitha Son of Raj Nath Biatha
10. Deelip Kumar @ Deelip Sah Son of Ram Keshwar Sah
11. Ravi Kumari Son of Bachan Preasad @ Master
12. Rajesh Pathak Son of Gopal Pathk All Resident of Village - Sahar, P.S.- Sahar, District - Bhojpur .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 27-11-2015 Heard learned counsel for the petitioners and learned Additional P.P. for the State.
The petitioners pray for anticipatory bail in a case under Sections 147, 148, 149, 307, 353, 353A, 333, 338, 295A, 153, 153A, 435, 337, 379, 427, 506 and 504 of the Indian Penal Code. It is submitted by learned counsel for the petitioners that the allegation is against as many as 200 persons who were going to immerse the idol of Goddess Laxmi and when the procession tried to proceed through Muslim area there was resistance from the other side and pelting of bricks and stones as a result of which
Patna High Court Cr.Misc. No.44536 of 2015 (3) dt.27-11-2015 injuries were received by several persons including some police officers present there. The petitioners are named in the FIR but it is submitted that nothing specific has been alleged against them and they were simply members of the procession for immersion of idol. It is further submitted that none of the petitioners has criminal antecedent. It is also submitted that as many as 10 of the accused persons named in the FIR have been granted anticipatory bail by this Court by orders dated 21.8.2015 and 23.9.2015 passed respectively in Cr.Misc.Nos. 36037 of 2015 and 38933 of 2015.
On a consideration of the facts and circumstances of the case, it is directed that the petitioners, namely, (1) Uday Soni, (2) Mantu Kumar Keshri @ Chokhar @ Mantu @ Mantu Keshri, (3) Ravi Kumar Keshri @ Ravikant @ Ravi Kumar, (4) Krishna Chaudhary, (5) Sashi Kumar @ Shashi Bhushan Kumar, (6) Baban Chaudhary, (7) Madhukar Prasad, (8) Ravindra Kumar @ Ravindra Prasad, (9) Binod Baitha, (10) Deelip Kumar @ Deelip Sah, (11) Ravi Kumar and (12) Rajesh Pathak, in the event of their arrest/surrender in the court below within a period of four weeks from today shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each in connection with Sahar P.S.Case No.
Patna High Court Cr.Misc. No.44536 of 2015 (3) dt.27-11-2015 at Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ramesh Kumar Datta, J) spal/- U