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Patna High CourtCR. MISC./11441/2017bail granted

Raushan Kumar And ORS v. The State Of Bihar

2017-03-22Mr. Justice Jitendra Mohan Sharma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11441 of 2017 Arising Out of PS.Case No. -297 Year- 2016 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================

1. Raushan Kumar, Son of Lal Mohan Sah, Resident of Village - Husainpur, P.S. Bochahan, Dist - Muzaffarpur.

2. Ananjay Kumar, Son of Ram Pravesh Rai Resident of Village - Jagatpur, P.S. - Surai, Dist - Muzaffarpur.

3. Sudishth Kumar @ Sudish Kumar Son of Brahamdeo Bhagat Resident of Village - Chhajan Sarwara, P.S. - Kudhani, District - Muzaffarpur.

4. Shiv Balak Rai Son of Deo Narayan Rai Resident of Village - Chnhariga, P.S. Ludhani, Dist - Muzaffarpur.

5. Arvind Kumar Son of Devendra Bhagat Resident of Village - Bangra Hardas, P.S. - Kudhani, Dist - Muzaffarpur.

6. Manisha Kumari wife of Manoj Kumar Sah resident of village - Maidapur, P.S. Bochahan, District - Muzaffarpur.

7. Ranjit Kumar Son of Late Heera Lal Prasad Gupta Resident of Village - Barhatta, P.S. Bochahan, District - Muzaffarpur.

8. Raj Kumar Jha Son of Late Navonath Jha Resident of Village - Bhagwanpur, P.S. - Bochahan, Dist - Muzaffarpur.

9. Mithilesh Kumar Son of Ram Nandan Rai Resident of Village - Chhubiyahin, P.S. - Kudhani, Dist - Muzaffarpur.

10. Manoranjan Kumar @ M.K. Singh Son of Vijay Singh Resident of Village - Kushirampur, P.S. Bochahan, District - Muzaffarpur.

11. Raj Kr. Ram @ Raj Kumar Son of Jangil Ram resident of village - Bhilaipur, P.S. - Paroo, Dist - Muzaffarpur.

12. Arun Kumar Son of Vishwanath Das Resident of Village - Harchanda, P.S.- Kanti, District - Muzaffarpur.

13. Manoj Kumar Mishra Son of Narayan Mishra Resident of Village - Manifulkahan, P.S. - Kanti, District - Muzaffarpur.

14. Praween Kumar Prabha Son of Baidyanath Rai Resident of Village - Mathaiya, P.S. Baruraj, District - Muzaffarpur.

15. Sunil Kumar Singh son of Dharnidhar Prasad Singh Resident of Village - Jarang, P.S. Gaighat, Dist - Muzaffarpur.

16. Phulbabu Kumar Son of Kapildeo Rai Resident of Village Bharat Nagar, P.S. - Gaighat, District - Muzaffarpur.

17. Niranjan Kumar Son of Mahendra Singh Resident of Village Tilhauta, P.S. - Gaighat, District - Muzaffarpur.

18. Chaudhary Charan Singh Son of Nand Kishore Prasad Yadav Resident of Village - Rupchhapra, P.S. - Sahebganj, District - Muzaffarpur. .... .... Petitioners

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Hari Kishore Thakur For the Opposite Party : Mr. Sri Rajendra Prasad Nat ======================================================

Patna High Court Cr.Misc. No.11441 of 2017 (2) dt.22-03-2017 2/3 CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Kazimohammadpur P.S. Case No. 297 of 2016, registered for the offences punishable under Sections 143, 341, 342 and 353 of the Indian Penal Code.

Allegedly, the petitioners being friend of the bank blocked the main gate of Regional Office of Uttar Bihar Gramin Bank, Muzaffarpur and in this way caused obstruction in discharging of their official duties, they are not the bank employee rather they have been engaged by M/s. Sparrow Softech Pvt. limited and if there is any demand or service condition they should have contacted to M/s. Sparrow Softech Pvt. Limited and ought not to have blocked the main gate of the Regional Office. Submission is of false implication and that the petitioners were demanding peacefully, they have not obstructed anyone but the Regional Manager lodged this false case, resulting, they are apprehending their arrest without any fault. The bank officials have curtailed the amenities which were granted to the petitioners and then peaceful protest was made.

Patna High Court Cr.Misc. No.11441 of 2017 (2) dt.22-03-2017 3/3 The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that petitioners are named in the F.I.R. In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-cum-Sub-Judge 1st Muzaffarpur, in connection with Kazimohammadpur P.S. Case No. 297 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Rajiv/- U T