Deo Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58746 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- ALIPUR District- Gaya ====================================================== 1.
DEO SAO Son of Late Sitaram Sao Resident of Village - Salempur, P.S.- Alipur, District- Gaya 2.
Saroj Sao @ Suraj Kumar @ Saroj Kumar Sao Son of Deo Sao Resident of Village - Salempur, P.S.- Alipur, District- Gaya 3.
Gopal Sao @ Ram Gopal Sao Son of Chandradeep Sao Resident of 217, Near D.A.V. School, Station Road Jharia, P.S.- Jharia, District- Dhanbad (Jharkhand) 4.
Birju Sao Son of Gopal Sao @ Ram Gopal Sao Resident of Fatehpur, Station Road, P.S.- Jharia, District- Dhanbad (Jharkhand) 5.
Krishna Sao @ Krishna Kumar Son of Deo Sao Resident of House No. 06, Kusunda Road, Station Area, P.S.- Kusunda, District- Dhanbad (Jharkhand) 6.
Biki Sao @ Vikash Kumar Sao Son of Gopal Sao @ Ram Gopal Sao Resident of Near Shiv Mandir, Station Road, P.S.- Jharia, District- Dhanbad (Jharkhand) 7.
Sonu Choudhary @ Sonu Kumar Son of Mahendra Choudhary Resident of Village - Salempur, P.S.- Alipur, District- Gaya 8.
Barhan Choudhary @ Rama Choudhary Son of Mahendra Choudhary Resident of Village - Salempur, P.S.- Alipur, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Bhushan Kumar For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2019 The petitioners apprehend their arrest in connection with Alipur P. S. Case No. 32 of 2019 registered under Sections 147, 148,149,307,323,338,353,504 and 506 of the Indian Penal Code. Allegation against the petitioners, as per FIR, is that petitioners along with other accused persons pelted stones upon the informant and others and also on police party. It is alleged
Patna High Court CR. MISC. No.58746 of 2019(2) dt.18-09-2019 2/3 that petitioners including 18 named and 30-40 unknown persons were also pelting stones upon the police party and abusing them. Learned counsel appearing on behalf of the petitioners submits that there was a dispute relating to encroachment and construction of village road and due to which scuffle took place between two groups in which allegedly petitioners and other 3040 unknown persons pelted stones. Learned counsel further submits that injuries caused to the villagers and the police personnel have been found to be simple in nature. Learned counsel relying upon order dated 27.08.2019 passed in Cr.Misc. No. 53769 of 2019 submits that similarly situated accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court. .
Having regard to the submissions made by the parties and taking into consideration the fact that similarly situated accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court, as such I am inclined to grant anticipatory bail to the petitioners.
Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two
Patna High Court CR. MISC. No.58746 of 2019(2) dt.18-09-2019 3/3 sureties of the like amount each to the satisfaction of the learned CJM, Gaya in connection with Alipur P.S.Case No. 32 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) sujit/- U T