Dayanath Dubey And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6644 of 2017 Arising Out of PS.Case No. -259 Year- 2016 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================
1. Dayanath Dubey, son of late Rambyas Dubey.
2. Bikarma Sharma, son of late Sheobachan Sharma
3. Dular Sharma @ Ram Dular Sharma, son of late Haribansh Sharma
4. Abinas Dubey @ Avinash Dubey, son of Paras Dubey
5. Abhimanyu Dubey, son of Paras Dubey All residents of village- Madaini, P.S.- Sheosagar, District- Rohtas. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kanhaiya Pandey For the Opposite Party/s : Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-03-2017 Heard learned counsels for the petitioners and the State.
The petitioners apprehend their arrest in connection with Shivsagar P. S. Case No. 259 of 2016 instituted under Sections 147, 148, 149, 153A, 259, 295A, 353, 427 and 505C of the Indian Penal Code.
The allegation, in brief, is that the procession for emersion of Idol of Goddess Durga was being taken violating the route chart from the prohibited route where Tazia procession was to be held and also committed mischief there. Learned counsel for the petitioners submits that there is no specific allegation against these petitioners and the
Patna High Court Cr.Misc. No.6644 of 2017 (2) dt.18-03-2017 2/2 petitioners were only organizing members of the Committee and therefore, they have been falsely implicated in this case and they have no criminal antecedent except one case subsequently lodged relating to the present occurrence by another individual person. Having considered the aforesaid facts and circumstances, let the petitioners, namely, Dayanath Dubey, Bikarma Sharma, Dular Sharma @ Ram Dular Sharma, Abinas Dubey @ Avinash Dubey and Abhimanyu Dubey, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Shivsagar P.S.Case No. 259 of 2016; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Arun Kumar, J) Sujit/- U