Arjun Dhangar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49985 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- LAURIA District- West Champaran ====================================================== 1.
ARJUN DHANGAR Son of Naresh Dhangar Resident of Village - Siswaniya, Dhangad Toli, P.S.- Lauriya, District- West Champaran 2.
Sonelal Dhangar Son of Amika Dhangar Resident of Village - Siswaniya, Dhangad Toli, P.S.- Lauriya, District- West Champaran 3.
Harendra Dhangar Son of Vishwanath Laxmi Dhangar Resident of Village - Siswaniya, Dhangad Toli, P.S.- Lauriya, District- West Champaran 4.
Bablu Ram Son of Manager Ram Resident of Village - Siswaniya, Dhangad Toli, P.S.- Lauriya, District- West Champaran 5.
Kamlesh Dhangar Son of Late Ramratan Dhangar Resident of Village - Siswaniya, Dhangad Toli, P.S.- Lauriya, District- West Champaran ... ... Petitioners
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-08-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Lauriya P.S. Case No. 83 of 2019 for the offence punishable under Sections 147, 149, 323, 188, 283, 353 and 504 and 506 of the Indian Penal Code.
There is allegation in the First Information Report, inter alia, that 11 named accused persons and several others were found assaulting two persons and when the police party interceded, the persons, named in the First Information Report, not only used unparliamentary language against the police force,
Patna High Court CR. MISC. No.49985 of 2019(2) dt.09-08-2019 2/3 they completely obstructed movement of traffic on the main road. It was after mammoth exercise by the executive that the traffic jam could be removed.
Learned counsel appearing on behalf of the petitioners has submitted that there no specific allegation against them and since they have no criminal antecedent, they deserve privilege of anticipatory bail.
Considering the general nature of allegation, this application is allowed.
However, the District Magistrate, West Champaran, is directed to examine whether this is a fit case for invoking provisions under Bihar Collective Fines (Imposition) Act, 1982, or not.
Let a copy of this order be communicated to the District Magistrate, West Champaran, forthwith. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Bettiah, West Champaran, in Lauriya P.S. Case No. 83 of 2019, subject to the conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.49985 of 2019(2) dt.09-08-2019 3/3 the Code of Criminal Procedure.
This is subject to the condition that the petitioners 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) Pawan/- U T