Vijay Srivastava And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52159 of 2018 Arising Out of PS. Case No.-100 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ======================================================

1. Vijay Srivastava, Son of Late Ram Naresh Sharan, Resident of Gandhi Nagar, Police Station-Aurangabad, District-Aurangabad (BIhar).

2. Dheeraj Pandey, Son of Sri Yagya Narayan Pandey, Resident of Village-and Post Office-Deo, POlice Station-Deo DistrictAurangabad (Bihar).

3. Subodh KUmar Pandey, Son of Late MOhan Murari Pandey, Resident of Gandhi Nagar, Police Station-Aurangabad, DistrictAurangabad (BIhar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Gupta For the Opposite Party/s :

Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153(A), 295(A), 379 and 120(B) of the Indian Penal Code.

The prosecution case, in short, is that on the eve of Ramnavmi, while the informant along with other police personnel was on duty, the accused persons started brick batting and pelting stones and obstructed in the duty.

It has been submitted on behalf of the petitioners that there

Patna High Court Cr.Misc. No.52159 of 2018(2) dt.05-10-2018 2/2 is no allegation of tampering of witnesses alleged against the petitioners. For the same cause of action, five cases were instituted. A procession on the eve of Ramnavmi was going on in which a clash took place between two communities which led to the alleged occurrence. There is general and omnibus allegation levelled against the petitioners. No specific overt act has been alleged against the petitioners. Other co-accused was granted regular bail vide order dated 20.06.2018 passed in Cr. Misc. No. 35348 of 2018. On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Town P.S. Case No. 100 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T