Manoj Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2372 of 2018 Arising Out of PS.Case No. -75 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Manoj Kumar, son of Krishna Sah
2. Nawal Kishore, son of Kashi Sah
3. Kamal Kishore, son of Kashi Sah
4. Shambhu Prasad Chaurasiya, son of late Banaras Bhagat
5. Shivjee Sah, son of late Ramcharitra Sah
6. Ramashankar Sah, son of Kishori Sah
7. Jitendra Kumar, son of Ramnath Sah
8. Ravindra Kumar, son of late Maujelal Sah
9. Nawal Paswan, son of late Naga Paswan
10. Manish Kumar, son of Lalbabu Sah
11. Rajkumar Sah, son of late Vishwanath Sah
12. Jitendra Kumar, son of Achchelal Sah
13. Harendra Ram, son of late Vishnudeo Ram
14. Rajkumar Sah, son of late Kashi Sah
15. Sanjit Kumar, son of late Ramashish Sah
16. Suman Kumar, son of Madan Sah
17. Pramod Kumar, son of Dudhnath Sah
18. Sri Narayan Sah, son of late Muneshwar Sah
19. Jay Lal Ram, son of Rajaram Ram
20. Manoj Kumar Paswan, son of Ramanand Paswan
21. Shambhu Mahto, son of Yogi Mahto
22. Pradeep Sah @ Pradeep Kumar, son of Kishori Sah
23. Ranjit Kumar, son of late Ramashish Sah
24. Ramesh kumar, son of Kishori Sah All residents of village Tetariya, P.S. Rajepur, Distt. East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar @ Sonu Babu, Advocate. For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Rajepur P.S. Case No. 75 of 2016 instituted for the offence under Sections 143,
Patna High Court Cr.Misc. No.2372 of 2018 (2) dt.16-01-2018 2/3 427, 353 of the Indian Penal Code and Sections 3⁄4 of Prevention of Damages to Public Property Act, 1984.
It is alleged that about 150 persons along with persons as named in the written report damaged chair, table, window etc. and other government property.
Learned counsel for the petitioners has submitted that they are not named in the written report. Their names have come during investigation in the written report. It has been submitted that other co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 18.10.2017 passed in Cr. Misc. 46286 of 2017. It has further been submitted that for the same occurrence, nine cases have also been registered against these petitioners.
Considering the facts and circumstances of the case, 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 Rajepur P.S. Case No. 75 of 2016, 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 Sub Divisional Judicial Magistrate, Sadar, East Champaran, Motihari, subject to the conditions as laid down under Section
Patna High Court Cr.Misc. No.2372 of 2018 (2) dt.16-01-2018 3/3 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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