Anjesh Tiwari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8866 of 2018 Arising Out of PS.Case No. -244 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Anjesh Tiwari, Son of Hari Shankar Tiwari,

2. Shashi Kant Tiwari, Son of Ram Bilash Tiwari,

3. Naresh Thakur, Son of Shiv Dayal Thakur, All resident of Village- Bara Mangaru, P.S.- Madhuban, District- East Champaran.

4. Anand Kumar Sharma, Son of Late Hari Shankar Thakur, Resident of Village- Kauriya, P.S.- Madhuban, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-02-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Madhuban P.S. Case No.244 of 2017 (G.R. Case No.5812 of 2017) registered under Sections 144, 188, 341, 435, 353, 427, 504

Patna High Court Cr.Misc. No.8866 of 2018 (2) dt.21-02-2018 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioners submits that there are general and omnibus allegations against 19 persons named in the First Information Report as well as 100-150 unknown persons who have been identified in the videography. It is alleged that they were involved in road blockage and were also forcing the shopkeepers to close the shops and on protest they abused the police administration and threw bricks and stones. Learned counsel further submits that there is no specific allegation of causing any overt act against the petitioners and one of the named accused Veena Devi against whom there is similar allegation has been granted privilege of anticipatory bail in Cr.Misc.No.7542 of 2018.

Learned APP for the State is present and accepts the factual position that Veena Devi is similarly situated accused. In the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Motihari, in connection with Madhuban P.S. Case No.244 of 2017 (G.R. Case

Patna High Court Cr.Misc. No.8866 of 2018 (2) dt.21-02-2018 No.5812 of 2017), subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Arvind/- U T