Upendra Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47341 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -PIPRAHI District- SHEOHAR ======================================================

1. Upendra Sah, Son of Jadolal Sah,

2. Manjay Sah @ Manjay Kumar, Son of Shankar Sah,

3. Sunil Sah, Son of Shankar Sah,

4. Bhola Das, Son of Chhatu Das, All R/o Village- Dostiyan, P.S.- Purnahiya, District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2017 Learned counsel for the petitioners submits that petitioner no. 4, Bhola Das, has been arrested by the police, so he seeks permission to withdraw this application against him. Permission is accorded.

Accordingly, this application is dismissed as withdrawn with respect to petitioner no. 4.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner nos. 1, 2 and 3 apprehend their arrest in connection with Piprahi P.S. Case No. 62 of 2017, registered under Sections 147, 148, 149, 341, 323, 324, 307, 353 and 427

of the Indian Penal Code.

The accusation is that, on receiving information about death of a lady, who was hit by a truck near Sheikh Masjit at village Bashiya, the informant being the Sub-Inspector reached there and found that villagers under the leadership of Tej Narayan Sharma taking away the dead body of lady. Thereafter, mob put the dead body on Dostiyan Chowk and raising slogans against the Administration and they also burnt a tyre on the road. Thereafter, 17 persons named in the F.I.R. including the petitioners and hundred unknown persons started to cause assault to the police personal and damaged the Government vehicles.

Learned counsel for the petitioners submits that while the petitioners are named in the F.I.R. but no specific overt act has been attributed against him.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheohar, in connection with Piprahi P.S. Case No. 62 of 2017,

subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T