Mahendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35706 of 2018 Arising Out of PS.Case No. -67 Year- 2018 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================
1. Tulsi Choudhary Son of Late Beyas Choudhary
2. Shahri Kumar @ Sahariya Choudhary Son of Uma Choudhary
3. Mahesh Choudhary Son of Suresh Choudhary
4. Uma Choudhary Son of Late Shivpujan Choudhary
5. Sudama Choudhary S/o Late Beyas Choudhary
6. Bulet Choudhary S/o Osiyar Choudhary
7. Malkhan Choudhary S/o Osiyar Choudhary
8. Gouri Choudhary Son of Late Ramlakhan Choudhary
9. Arun Choudhary S/o Kamlesh Choudhary
10. Umesh Kumar @ Umesh Choudhary Son of Osiyar Choudhary
11. Chandan Choudhary Son of Mahendra Choudhary All are residents of Village Dangora Tola Baraon, P.S. Nokha, District Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.35833 of 2018 Arising Out of PS.Case No. -67 Year- 2018 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================
1. Mahendra Sah, Son of Late Narayan Sah, Resident of Village- Lewada, P.S.- Nokha, District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.35706 of 2018) For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Mr. Yogendra Kumar Singh (In Cr.Misc. No.35833 of 2018) For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2018 As both the above mentioned cases arise out of same police station case number., they are clubbed together and are being disposed of by this common order for the sake of
Patna High Court Cr.Misc. No.35706 of 2018 (3) dt.31-07-2018 2/3 convenience.
The petitioners in both the above mentioned cases are apprehending their arrest in connection with Nokha P.S. Case No. 67 of 2018, registered for offences punishable under Sections 147, 148, 149, 323, 307, 353, 333 of the Indian Penal Code. Allegation against the petitioners is of blocking the road and obstructing the police party in discharge of their official duty. It has been submitted on behalf of the petitioners that eighteen named and large number of other persons have been made accused in this case, however, no specific allegation has been attributed to the petitioners in both the cases. Learned counsel for the State opposed the prayer for bail and submitted that six police personnel received injuries.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sasaram, in connection with Nokha P.S. Case No. 67 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.
Patna High Court Cr.Misc. No.35706 of 2018 (3) dt.31-07-2018 3/3 (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T