Jitendar Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36801 of 2016 Arising Out of PS.Case No. -229 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================
1. JITENDAR KUMAR son of Sita Ram Das
2. Ramayan Das son of Late Bisuni Das
3. Ram Nath Das son of Late Banarsi Das
4. Dilip Thakur @ Dilip Kumar son of Mukhnnan Thakur
5. Chandeshwar Paswan son of Late Raghuni Paswan
6. Arvind Prasad Sainy @ Arvind Kumar son of Binda Prasad Sainy
7. Rupesh Kumar Roy @ Rupesh Roy @ Rupesh Kumar, son of Kalu Roy (Original son of Late Bhagwat Roy)
8. Sajan Kumar Mahto son of Munna Mahato
9. Mahesh Mahto @ Mahesh son of Late Sahadev Mahto
10. Lalit Bhagat son of Late Gorakh Bhagat
11. Durbesh Bhagat @ Durbesh Kumar son of Jitendra Bhagat
12. Kundan Bhagat son of Bishwanath Bhagat
13. Gulshan Bhagat @ Gulshan Kumar son of Kundan Bhagat
14. Rajesh Kumar son of Late Bindi Roy
15. Vishal Kumar son of Kundan Bhagat
16. Mukesh Kumar son of Kalu Roy (Original son of Late Bhagwat Roy)
17. Pintu Kumar son of Angad Roy
18. Annu Bhagat son of late Bishwanath Bhagat
19. Dipak Bhagat @ Dipak Kumar son of late Bishwanath Bhagat
20. Hira Das son of Late Bhadar Das All residence of village- Dighi Kala, P.S. Sadar Hajipur, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Hajipur Sadar Police Station Case No. 229 of
Patna High Court Cr.Misc. No.36801 of 2016 (2) dt.06-09-2016 2/3 2016, disclosing offences under Sections 147, 148, 149, 341, 323, 325, 307, 342, 337, 338, 353, 504, 120B of the Indian Penal Code and Section 27 of the Arms Act, 1959. There are 32 persons named in the First Information Report and 200 not named, who are said to have committed the offence. The First Information Report has been registered on the basis of self-statement of the Office-in-Charge of the concerned Police Station. Allegedly, the accused persons, including these twenty petitioners, were making protest against the administration for not making available fire brigade to control fire, which had damaged so many shops. They are said to have caused obstruction in due discharge of official duties by the police and assaulted the police personnel. Learned Counsel for the petitioners has submitted that it is evident from the First Information Report that allegations are general in nature and there is no specific allegation against any of these petitioners. Considering the above submission, this application is allowed.
Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the
Patna High Court Cr.Misc. No.36801 of 2016 (2) dt.06-09-2016 3/3 like amount each to the satisfaction of learned Chief Judicial Magistrate, Hajipur, at Vaishali, in connection with Hajipur Sadar Police Station Case No. 229 of 2016, subject to the condition 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.) Prabhakar Anand/- U √ T √