Pappu Ojha @ Jainarayan Ojha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40419 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -DHANSOI District- BUXAR ======================================================

1. Pappu Ojha @ Jainarayan Ojha Son of Late Kapil Deo Ojha,

2. Santosh Kumar Ojha @ Santosh Ojha, Son of Shiv Pujan Ojha,

3. Rajendra Mishra Son of Late Hari Narayan Mishra.

4. Dev Kishun Ojha @ Dev Krishn Ojha Son of Rambeyas Ojha.

5. Manoj Kumar Ojha @ Manoj Ojha Son of Mukti Narayan Ojha.

6. Brajesh Kumar Ojha @ Brajesh Ojha Son of Sachidanand Ojha

7. Nakhadoo Ram Son of Late Sati Ram.

8. Rita Kumari @ Rita Devi Wife of Markandey Sah.

9. Ramnath Ram (Harijan), Son of Bhagawan Ram. null

10. Shyam Bihari Sah Son of Late Shiv Sah.

11. Girija Devi Wife of Lallan Seth.

12. Vidyadhar Ojha, Son of Rambeys Ojha

13. Fulendra Ram Son of Kesho Ram

14. Mithilesh Thakur Son of Bharath Thakur Petitioner No- 1 to 12 Resident of Village- Chhattupur and Petitioner no- 13-14 Resident of Village- Guura All P.S.- Dhansoin, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Dhansoin P.S. Case No. 74 of 2017 instituted for the offence under Sections-147, 148, 149, 341, 342, 353, 188 of the Indian Penal Code.

It is alleged that these petitioners and other accused named in the written report had blocked the road causing obstruction in normal traffic. They were making protest to release the accused, who had been arrested in Dhansoi P.S. Case No. 72 of 2017.

Patna High Court Cr.Misc. No.40419 of 2017 (2) dt.22-09-2017 As such, there is general and omnibus allegation against all these petitioners. In paragraph-3 of the petition, it has been mentioned that the petitioners have no criminal antecedent. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dhansoin P.S. Case No. 74 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Buxar subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) A.K.V./- U T