Prince And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58511 of 2015 Arising Out of PS.Case No. -108 Year- 2015 Thana -PATAHI District- East Champaran (Motihari) ======================================================
1. Prince Son of Birendra Singh
2. Guddu Kumar Singh Son of Devendra Singh
3. Krishna Singh Son of Munshi Singh
4. Om Prakash Singh Son of Ram Lochan Singh
5. Santosh Singh Son of Om Prakash Singh
6. Ajay Singh Son of Bhikhar Singh
7. Chuman Singh Son of Bhikhar Singh
8. Meena Devi Wife of Jatan Paswan
9. Kanti Devi Wife of Mohit Paswan
10. Ram Babu Singh Son of Banarsi Singh, all are residents of Village Dumari Baiju, P.S. Patahi, District East Champaran
11. Arun Singh Son of Damodar Singh, resident of Village Dumari Kata Sari, P.S. Sheohar, District Sheohar .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Patahi P.S. Case No. 108 of 2015, disclosing offences under Sections 147, 149, 341, 323, 353, 504, 506, 332 and 452 of the Indian Penal Code.
The Officer-in-charge of Patahi Police Station is the informant of the case. Allegedly, these petitioners and other
Patna High Court Cr.Misc. No.58511 of 2015 (2) dt.21-01-2016 2/3 accused persons assembled outside the gate of the Police Station and demanded unconditional release of one Rahul Singh. They are said to have caused obstruction in due discharge of the official duty of the informant. Some of them indulged in brick-bating, it is alleged.
Learned counsel appearing on behalf of the petitioners, referring to the First Information Report, submits that this is an admitted fact that no person received any injury, even if it is presumed for the sake of argument that the occurrence had at all taken place. He also submits that the allegation is general and omnibus. The petitioners have no criminal antecedent. In view of the submission as above, the petitioners are allowed bail.
Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Judge 8th Sadar, Motihari in connection with Patahi P.S. Case No. 108 of 2015, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners
Patna High Court Cr.Misc. No.58511 of 2015 (2) dt.21-01-2016 3/3 shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vats/- U T