Shambhu Chaurasiya @ Shambhu Prasad Chaurasiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35453 of 2018 Arising Out of PS.Case No. -86 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shambhu Chaurasiya @ Shambhu Prasad Chaurasiya, Son of Late Banaras Prasad @ Vanaras Prasad,

2. Bhuday Kumar @ Pappu Chaurasiya, Son of Late Dhruv Narayan Prasad,

3. Sanjay Chaurasiya @ Sanjay Kumar, Son of Vishwanath Prasad, All residents of Village- Tetariya, P.S.- Rajepur, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Rajepur P.S.case No.86 of 2016 , registered for offences punishable under Sections 143, 144, 145, 147, 148, 149, 151, 152, 153A, 160, 295, 295A, 297, 298, 395, 341, 323, 504, 342 & 504 of the Indian Penal Code.

Allegation against the petitioners and three other accused persons is that they went to the shop of the informant and raised inflammatory slogans and also committed arson. It further appears that the petitioner is accused in 12 other case. Submission of the learned counsel for the petitioners is that with respect to same occurrence, 12 cases have been lodged by the

Patna High Court Cr.Misc. No.35453 of 2018 (3) dt.13-07-2018 2/2 different persons and no specific allegation has been attributed against the petitioners.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Sadar, East Champaran, Motihari in connection with Rajepur P.S.Case no.86 of 2016 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T