Dipak Kumar @ Dipak Chaurasiya And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47239 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- SISWAN District- Siwan ======================================================

1. Dipak Kumar @ Dipak Chaurasiya, son of Subhash Chaurasiya.

2. Alok Prasad @ Alok Kumar Gupta, son of Pata Prasad.

3. Krishna Prasad @ Krishna Jee Prasad, son of Sadhuji Prasad.

4. Munna Pandit, son of Late Mohan Ji Mahanth. All four resident of Village- Usari Bujurg, Police Station- M.H. Nagar, Husanpura, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Siswan (M.H.Nagar) P.S.Case No. 56 of 2018 instituted for the offence under Section(s) 147, 148, 149, 188, 295A, 296, 307, 332, 333, 337, 338, 342, 353, 427, 435, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners.

Patna High Court Cr.Misc. No.47239 of 2018(2) dt.29-08-2018 2/3 Petitioners have clean antecedent.

In the written report, it is alleged that when Ramanwami procession reached near graveyard of village Nizampur 20-25 persons came and assaulted and also raised protest for Ramanwami procession. The chaukidar of the village disclosed the name of these petitioners and other accused persons as mentioned in the written report.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Siwan (M.H. Nagar) P.S. case no. 56 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM-X Siwan, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the

Patna High Court Cr.Misc. No.47239 of 2018(2) dt.29-08-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T