Ravindra Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16934 of 2018 Arising Out of PS.Case No. -82 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ravindra Kumar, son of Late Maujelal Sah
2. Ramesh Kumar, son of Kishori Sah
3. Shambhu Prasad Chaurasiya, son of Late Banaras Bhagat
4. Nawal Kishore @ Nawal Kishore Prasad @ Nawal Kishore Prasad Gupta, son of Kashi Sah
5. Kamal Kishore @ Kamal Kishore Prasad @ Kamal Kishore Prasad Gupta, son of Kashi Sah
6. Ramashankar Sah, son of Kishori Sah
7. Jitendra Kumar, son of Ramnath Sah @ Ramnath Prasad
8. Jitendra Kumar, son of Achchelal Sah
9. Rajkumar Sah, son of Late Vishwanath Sah
10. Sanjit Kumar, son of Late Ramashish Sah
11. Pramod Kumar, son of Dudhnath Sah
12. Sri Narayan Sah, son of Late Muneshwar Sah @ Late Bhuneshwar Sah
13. Ajeet Kumar, son of Late Ramashish Sah
14. Rajkumar Sah, son of Kashi Sah
15. Manoj Kumar Paswan @ Manoj Kumar, son of Ramanand Paswan @ Ramnan Paswan
16. Manoj Kumar, son of Krishna Sah
17. Shambhu Mahto, son of Yogi Mahto
18. Pradeep Sah @ Pradeep Kumar @ Pradeep Kumar Sah, son of Kishori Sah
19. Jailal Ram @ Jiyalal Ram, son of Rajaram Ram
20. Manish Kumar, son of Lalbabu Sah
21. Nawal Paswan @ Nawal Kishore Paswan, son of Late Naga Paswan
22. Harendra Ram, son of Late Bishnudeo Ram
23. Sheojee Sah, son of Late Ramcharitra Sah
24. Suman Kumar, son of Madan Sah All residents of village - Tetariya, P.S. Rajepur, District - East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate. For the Opposite Party/s : Mr. Dinesh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-03-2018 Heard learned counsel for the petitioners and the
Patna High Court Cr.Misc. No.16934 of 2018 (2) dt.30-03-2018 2/3 State.
The petitioners apprehend their arrest in Rajepur P.S. Case No. 82 of 2016 instituted for the offence under Sections 143, 144, 145, 147, 148, 149, 151, 152, 153A, 160, 295, 295A, 297, 298, 395, 341, 323, 504, 342 and 504 of the Indian Penal Code. It is alleged in the written report that informant has poultry shop at Shiv Mandir Chauk and on 26.07.2016 at about 1:30 p.m. about 350-400 miscreants looted away various articles from his poultry shop as mentioned in the written report. They also damaged the shop in question.
Learned counsel for the petitioners has submitted that petitioners are not named in the written report. Their names have come in the supervision note of Deputy Superintendent of Police. 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. 82 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.16934 of 2018 (2) dt.30-03-2018 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