Raushan Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6919 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -SHEOHAR District- SHEOHAR ======================================================
1. Raushan Singh, Son of Rambabu Singh, the Secretary, District Ward Members Association, resident of Village- Singahi, P.S.- Piprahi, DistrictSheohar.
2. Rajesh Kumar Singh, Son of Yogendra Singh, Ward Member, Ward No. 16, Gram Panchayat- Jahangirpur, resident of Village- Paharpur, P.S. Shyampur Bhatha, District- Sheohar.
3. Deepak Mishra, Son of Sushil Nath Mishra, Ward Member, Ward No. 06, Gram Panchayat- Nayagaon (East), resident of Village- Bhudha, P.S. Shyampur Bhatha, District- Sheohar.
4. Nirmal Kumar, Son of Birendra Singh, Ward Member, Ward No. 01, Gram Panchayat- Sonbarsa, resident of Village- Aura, P.S. Tariyani, District- Sheohar.
5. Rajiv Kumar Patel, Son of Omprakash Patel, Ward Member, Ward No. 05, Gram Panchayat- Kamrauli, resident of Village- Kamrauli, P.S. Piprahi, District- Sheohar.
6. Rakesh Kumar, Son of Prahlad Chaudhary, Ward Member, Ward No. 01, Gram Panchayat Malipokharbhinda, resident of VillageMalipokharbhinda, P.S. Sheohar, District- Sheohar. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Devendra Kumar, Advocate. For the Opposite Party : Mr. N.N.Tiwari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Sheohar P.S. Case No. 05 of 2017 for the offences instituted under Sections 142, 143, 341, 342, 353, 427 and 504/34 of the IPC.
Patna High Court Cr.Misc. No.6919 of 2017 (2) dt.13-02-2017 2/3 The prosecution story, in brief, is that the informant was deputed as Magistrate by the order of the District Magistrate, Sheohar, for Dharna organized by Ward Members Association in the Collectorate. While the District Magistrate was going to attend meeting, the petitioners and others attempted to restrain him and his Escort Party and damaged government property and they also put hindrance in performing his official duty. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. They have falsely been implicated in the present case. It is a case and counter case between the parties. The petitioners were sitting on Dharna in protest against the District Magistrate hence the present case has been instituted against the petitioners. None is said to have been injured in course of occurrence. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sheohar P.S. Case No. 05/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand)
Patna High Court Cr.Misc. No.6919 of 2017 (2) dt.13-02-2017 3/3 with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheohar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T