Suman Sah @ Suman Gupta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35123 of 2018 Arising Out of PS.Case No. -79 Year- 2016 Thana -RAJPUR District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Suman Sah @ Suman Gupta, Son of Madan Sah,

2. Rahul Jha @ Sumit Kumar @ Rahul Kumar, Son of Manoj Kumar Jha, Both residents of Village- Tetariya, P.S.- Rajepur, District- East Champaran.

3. Rajesh Kumar @ Rajesh, Son of Shyam Kishore Gupta, Resident of Village- Raghunathpur, P.S.- Mushari, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2018 The petitioners are apprehending their arrest in connection with Rajepur P.S. Case No. 79 of 2016, registered for offences punishable under Sections 143, 144, 145, 147, 148, 149, 151, 152, 153A, 160, 295, 295A, 297, 298, 395, 341, 323, 342 and 504 of the Indian Penal Code.

Allegation as per F.I.R. is that petitioners and other accused persons raised slogan against other community, looted the shops and also damaged the vehicles.

Submission of learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners. It has further submitted that for the occurrence of the same day, 12

Patna High Court Cr.Misc. No.35123 of 2018 (3) dt.31-07-2018 2/3 other cases have been lodged against the petitioners. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, East Champaran, Motihari, in connection with Rajepur P.S. Case No. 79 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates

Patna High Court Cr.Misc. No.35123 of 2018 (3) dt.31-07-2018 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T