Birendra Singh @ Birendra Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40954 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Birendra Singh @ Birendra Kumar Singh S/o Nag Narayan Singh

2. Rakesh Singh @ Rakesh Kumar Singh S/o Surendra Singh

3. Ravi Tuna Singh @ Ravi Tunna Singh S/o Birendra Singh

4. Mukesh Singh @ Mukesh Kumar S/o Sarda Singh

5. Vinay kr. Singh @ Vinay Kumar Singh @ Vinoy Singh S/o Sarda Singh

6. Dhrup Sah S/o Narayan Sah All Resident of Village-Khaira Aajam, P.S.-Baikunthpur, District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Baikunthpur P.S. Case No. 61 of 2016, disclosing offences under Sections 147,353,504,149,188,142,109 of the Indian Penal Code, Section 10, 13(i)b of the Unlawful Activities (Prevention) Act, 1967, Sections 5,6 of the Essential Service Maintenance Act, 1981 and Section 4(i) (A) of the Prevention of Seditious Meeting Act, 1911.

There are 35 persons named in the First Information Report including these petitioners and 6570 unknown. From the First Information Report, it

appears that some of the persons had allegedly blocked vehicular traffic on a road and the police had arrived there for pacifying the situation. They were protesting against rigging done at a polling booth in recently held Panchayat Elections. They are said to have refused to accede to the request of the Administration to allow the vehicles to move and they used unparliamentarily language and engaged themselves in physical assault on the public servants on duty.

Learned counsel appearing on behalf of the petitioners appears to be right in his submission that there is no specific allegation against any persons and the petitioners have been named on the basis of the information given by the Chowkidar of the police station.

Considering the above, this application is allowed. Let the petitioners above-named in the event of their arrest/surrender within four 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 3rd Additional Chief Judicial Magistrate, Gopalganj in Baikunthpur P.S. Case No. 61 of 2016, subject to the conditions as laid down under Section

438(2) of 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) ArunKumar/-c U