Muntun Sah @ Muntun Kumar @ Mantun Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17069 of 2018 Arising Out of PS.Case No. -85 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Muntun Sah @ Muntun Kumar @ Mantun Sah, son of Kishori Sah
2. Sheoji Sah, son of late Ramcharitra Sah
3. Suresh Sahani, son of late Ramchandra Sahani
4. Manish Kumar, son of Lalbabu Sah
5. Shambhu Prasad Chaurasiya, son of late Banaras Bhagat
6. Nawal Kishore @ Nawal Kishore Prasad Gupta @ Nawal Kishore Kumar Gupta, son of Kashi Sah
7. Kamal Kishore @ Kamal Kishore Prasad Gupta, son of Kashi Sah
8. Ramashankar Sah, son of Kishori Sah
9. Jitendra Kumar, son of Ramnath Sah @ Ramnath Prasad
10. Ravindra Kumar, son of late Maujelal Sah
11. Jitendra Kumar, son of Achchelal Sah
12. Rajkumar Sah, son of late Vishwanath Sah
13. Sanjit Kumar, son of late Ramashish Sah
14. Pramod Kumar, son of Dudhnath Sah
15. Sri Narayan Sah @ Shri Narayan Prasad, son of late Muneshwar Sah @ late Bhuneshwar Sah
16. Ajeet Kumar, son of late Ramashish Sah
17. Rajkumar Sah, son of Kashi Sah
18. Manoj Kumar Paswan, son of Ramanand Paswan
19. Manoj Kumar, son of Krishna Sah
20. Shambhu Mahto, son of Yogi Mahto
21. Pradeep Sah @ Pradeep Kumar, son of Kishori Sah
22. Jailal Ram @ Jiyalal Ram, son of Rajaram Ram
23. Nawal Paswan @ Nawal Kishore Paswan, son of late Naga Paswan.
24. Harendra Ram, son of late Bishnudeo Ram
25. Suman Kumar @ Suman Sah, son of Madan Sah All residents of village Tetariya, P.S. Rajepur, Distt. East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-04-2018 Heard learned counsel for the petitioners and the State.
Patna High Court Cr.Misc. No.17069 of 2018 (2) dt.02-04-2018 2/3 The petitioners apprehend their arrest in Rajepur P.S. Case No. 85 of 2016 instituted for the offence under Sections 143, 144, 145, 147, 148, 149, 151, 152, 153A, 160, 395, 295A, 297, 298, 395, 341, 323, 342 and 504 of the Indian Penal Code. Learned counsel for the petitioners has submitted that except petitioner No. 25, no other petitioners are named in the First Information Report. They have not participated in the alleged occurrence. They have been implicated in the case on the basis of supervision note of Deputy Superintendent of Police. In the written report it is alleged that informant has shoes shop at Tetriya Bazar and about 200-300 persons on the date of occurrence came and raised anti-Muslim slogan. They also looted away shoes etc. worth Rs.3,00,000/- and Rs.
8,000/- cash. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Rajepur P.S. Case No. 85 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.17069 of 2018 (2) dt.02-04-2018 3/3 438 (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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the 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) S.Ali/- U T