Guddu Bin @ Keshwar Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58067 of 2019 Arising Out of PS. Case No.-221 Year-2019 Thana- BAGHA District- West Champaran ====================================================== 1.

Guddu Bin @ Keshwar Bin Son of Ramnayan Bin 2.

Pintu Patel Son of Meur Patel 3.

Dharmber Patel Son of Chhotu Patel 4.

Radheshyam Sahni Son of Late Mangal Sahni 5.

Vikram Sahni @ Vikram Chaudhary Son of Late Basdeo Sahni 6.

Santosh Sahni Son of Jawahir Sahni 7.

Saral Sahni Son of Kumar Sahni All are residents of Village-Narainapur Ghat, P.S.-Bagaha (Patkhauli), District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Bagha Patkhauli P.S. Case No. 221 of 2019, registered under Sections 147, 148, 149, 188, 353 and 506 of the Indian Penal Code.

The allegation against the petitioners, as per FIR, is that petitioners along with 70-80 unknown persons and family members of the deceased Angad Sahani, while protesting

Patna High Court CR. MISC. No.58067 of 2019(2) dt.13-09-2019 2/3 against the murder of Angad Sahani, forcibly obstructed free flow of traffic on the main road.

Learned counsel for the petitioners submits the petitioners are named in the FIR, but no source of identification of the petitioners have been disclosed in the FIR. He further submits that the petitioners have been implicated in this case with oblique motive, he further submits that all together about 100 persons were protesting the murder of Angad Sahni and had blocked the main road and no overt act has been alleged against the petitioners.

After having heard learned counsel for the parties and taking into consideration the fact that all together 100 persons were involved in the road blockage due to death of one Angad Sahni, there is no allegation against the petitioners that they were indulged in destroying any Government property and assaulted any Government officials, I am inclined to grant anticipatory bail to the petitioners.

This application is, accordingly, allowed.

Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount

Patna High Court CR. MISC. No.58067 of 2019(2) dt.13-09-2019 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Bagaha Patkhauli P.S. Case No. 221 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) S.Katyayan/- U T