Deokant Kushwaha @ Bhutto And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13728 of 2016 Arising Out of PS.Case No. -387 Year- 2015 Thana -GAYA MUFFSIL District- GAYA ======================================================
1. Deokant Kushwaha @ Bhutto S/o Ram Sharan Mehta
2. Sunil Mehta S/o Ram Sharan Mehta
3. Ram Kripal Mistri S/o Ram Bali Mistri
4. Nitish Misra @ Nitish Mishra S/o Ram Krishna Mishra All residents of Village - Sohaipur, P.S. - Muffasil, District - Gaya. .... .... Petitioners
Versus
The State of Bihar. .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Tiwary No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 31-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Muffasil P. S. Case No. 387 of 2015 registered under Sections 147, 148, 149, 341, 323, 332, 333, 353, 307 and 504 of the Indian Penal Code and 27 of the Arms Act.
It is contended that the petitioners have been implicated in the present case due to executive arbitrariness and administrative highhandedness. In the FIR, altogether 37 persons have been named, including the petitioners apart from 400-500 unknown villagers on mere suspicion. It is further contended that there is no specific allegation as against the petitioners and even otherwise, no damage to any Government
Patna High Court Cr.Misc. No.13728 of 2016 (2) dt.31-03-2016 2/2 property has been caused. It is also contended that in the given facts and circumstances, non-bailable offences punishable under Sections 353 and 307 of the Indian Penal Code are not attracted. On the other hand, learned counsel for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners. He has also contended that a mob of about 400-500 persons, including the petitioners had created hurdle in discharge of official duty to the police and had blocked the road raising some protest.
Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners named above, who are the men of clean antecedent, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in Muffasil P. S. Case No. 387 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.) Kanchan/- U T