Amar Mehta And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15051 of 2017 Arising Out of PS.Case No. -370 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Amar Mehta , Son of Shivanand Mehta.
2. Salo Mehta , Son of Dev Lal Mehta,
3. Ramjee Mehta, Son of Dev Lal Mehta.
All Resident of Village- Sukhsena, P.S.-Forbisganj (Simraha) DistrictAraria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Jha, Advocate. For the Opposite Party/s : Smt. Reena Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Forbesganj (Simraha) P.S. Case No. 370 of 2015 instituted for the offence under Sections 147, 148, 149, 341, 323, 325, 337, 338, 307, 353, 504, 506, 120B of the Indian Penal Code and Section 27 of the Arms Act.
It has been submitted on behalf of the petitioners that they are not named in the written report. There is allegation that 11 persons named in the First Information Report along with 500 people after blocking NH-57, obstructed the official duty of the informant and pelted stones which caused injury to the police
party. The accused persons were raising slogan for closure of Simraha meat factory. It has further been submitted that the accused persons who have been named in the First information Report, have been granted anticipatory bail by coordinate Benches of this Court vide Annexure-2 series. The name of these petitioners have come during investigation and after one year of the occurrence, the police filed requisition in the court below making prayer for warrant of arrest against the petitioners. In such circumstances, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Forbisganj (Simraha) P.S. Case No. 370 of 2015, they shall be released on anticipatory 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, Araria, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- U T