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Patna High CourtCR. MISC./28771/2017bail granted

Rudal Turha And ORS v. The State Of Bihar

2017-07-13Mr. Justice Shivaji Pandey2 pages

Patna High Court Cr.Misc. No.28771 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28771 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================

1. Rudal Turha son of Lallan Turha

2. Tentu Choudhary son of Nirmal Choudhary

3. Dharmendra Gupta son of Kishori Gupta

4. Tuna Choudhary son of Late Sheoji Choudhary

5. Chhote Gupta son of Kishori Gupta All residents of Village - Kowath, Police Station - Dawath, District - Rohtas at Sasaram. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ramchandra Singh, Adv. For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Dawath P.S. Case No.41 of 2017, registered for the offence punishable under Sections 147, 148, 149, 323, 352, 353, 109, 120B of the Indian Penal Code. The Police party was deputed to follow the procession of Ram Navami. There was a fixed route for movement of procession, but one Anil Sharma and 10 other persons have forcibly changed the route and enter into the Kurmi Tola. The Police party has objected, whereupon the processionist

Patna High Court Cr.Misc. No.28771 of 2017 (2) dt.13-07-2017 said that there in that area Hindu family are residing and forcibly took the procession towards the Kurmi Tola that created a tension, but the police party managed. It has further been stated that some persons have induced the mob to enter into the Kurmi Tola.

Looking to the facts and circumstance of the case, let the above-named petitioners, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bikramganj, in connection with Dawath P.S. Case No.41 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) pawan/- U