Sunny Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14481 of 2018 Arising Out of PS.Case No. -772 Year- 2017 Thana -PHULWARI District- PATNA ======================================================

1. Sunny Kumar, aged about 25 years, S/o Gaya Nand Prasad @ Gayanand Ray, R/o Gauriya Tola, P.S. Kotwali, District- Patna.

2. Santosh Chaudhary, aged about 30 years, S/o Shiv Nath Chaudhary,

3. Ravindra Kumar, aged about 25 years, S/o Kamta Chaudhary, Both resident of Village- Hinduni, P.S. Phulwari Sharif, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nagmani Kumar For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Phulwari Sharif P.S.Case no.772 of 2017 , registered for offences punishable under Sections 147, 148, 149, 353, 341, 323, 332, 337, 338, 295, 295(A), 153(A), 307, 435, 436, 427, 504, 506 and 120(a) of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners is that he along with a large number of persons pelted stones on the procession of different community and also created law and order situation. Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against them and they have been made accused along with a large number of accused

Patna High Court Cr.Misc. No.14481 of 2018 (2) dt.12-04-2018 2/2 persons.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Judge XV-cum-A.C.J.M., Patna in connection with Phulwarisharif P.S.Case No.772 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T