Yogendra Ram And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11241 of 2016 Arising out of PS.Case No. -151 Year- 2013 Thana -VIJAYPUR District- GOPALGANJ ======================================================
1. Yogendra Ram, Son of Mahendra Ram, resident of VillageMajhawaliya, P.S.- Vijaipur, District- Gopalganj.
2. Suraj Sonar @ Suryadeo Verma, Son of Nath Sonar.
3. Sri Kishun Bhagat, Son of Rameshwar Bhagat. Both are resident of Village- Bhodwaliya, P.S.- Bangara Bazar, District- Gopalganj. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ranjan Kumar Srivastava, Advocate. For the Opposite Party : Mr. Rana Randhir Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Bijaipur P.S. Case No. 151 of 2013 for the offences instituted under Sections 147, 148, 149, 332, 333, 307, 337, 338, 353, 427 and 379/109 of the IPC.
The prosecution story, in brief, is that on 24.09.2013, the members of MALE Party were sitting on Dharana in connection with Bijaipur P.S. Case No. 141/2013. The members of the mob including the petitioners became unruly and breaking open the door of the office of the C.O. entered into his Chamber and
Patna High Court Cr.Misc. No.11241 of 2016 (2) dt.25-04-2016 2/3 assaulted him. They damaged the furniture and engaged in brick batting. Co-accused Jitendra Paswan assaulted the C.O. with Lathi with an intention to take his life causing head injury. When the officer-in-charge came to rescue the C.O. he was also assaulted with Lathi. They also tried to snatch the arms of police officials. The C.O. when tried to escape, the accused persons including the petitioners confined him and assaulted. They also took away with them the records of the office and raised slogans. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. Altogether 56 persons have been named in the FIR. No specific overt act has been alleged against the petitioners. No specific allegation has been attracted. General and omnibus allegation has been made and the other co-accused have been granted anticipatory bail vide Cr. Misc. Nos. 29876/2015, 38431/2015 and 29558/2015. 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 Bijaipur P.S. Case No. 151/2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand)
Patna High Court Cr.Misc. No.11241 of 2016 (2) dt.25-04-2016 3/3 each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T