Munna Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38410 of 2018 Arising Out of PS.Case No. -211 Year- 2017 Thana -GAURICHAK District- PATNA ======================================================

1. Munna Prasad, Son of Late Jagadeo Prasad,

2. Mithilesh Paswan, Son of Late Rajendra Paswan,

3. Gopal Prasad, Son of Late Sheolal Prasad,

4. Banti Yadav, Son of Bhola Yadav, All residents of Village- Beldarichak, Police Station- Gaurichak, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harish Kumar, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Heard learned counsel for the petitioners and learned A.P.P.

The petitioners seek anticipatory bail in connection with Gaurichak P.S.Case No. 211 of 2017, registered for offences punishable under Sections 147, 148, 149, 332, 307, 353, 435 and 427 of the Indian Penal Code.

Allegation against the petitioners is that the death of a person who died in road accident due to which all F.I.R. named persons along with 200 unknown persons blocked the road and started pelting stones.

Submission of the learned counsel for the petitioners

Patna High Court Cr.Misc. No.38410 of 2018 (2) dt.03-07-2018 2/2 is that except the petitioners named in the F.I.R., there is no any specific allegation against the petitioners and other co accused persons have been granted bail by learned lower court itself. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, 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 the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) each with two sureties of the like amount each in connection with Gaurichak P.S.Case No. 211 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate- VII, Patna City, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) Sudha/- U T