Awadh Kishore Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69036 of 2019 Arising Out of PS. Case No.-411 Year-2019 Thana- BAGHA District- West Champaran ====================================================== 1.

AWADH KISHORE SAH Son of Late Chana Sah Resident of VillageSingari Amwaliya, P.S.- Bagaha, District- West Champaran. 2.

Satrudhan Kumar @ Satrudhan Sah Son of Yamuna Sah Resident of VillageSingari Amwaliya, P.S.- Bagaha, District- West Champaran. 3.

Harindra Mahato Son of Late Paras Mahato Resident of Village- Singari Amwaliya, P.S.- Bagaha, District- West Champaran. 4.

Sugrim Turaha Son of Jayan Turaha Resident of Village- Singari Amwaliya, P.S.- Bagaha, District- West Champaran.

5.

Purnawasi Sah Son of Late Gorakh Sah Resident of Village- Singari Amwaliya, P.S.- Bagaha, District- West Champaran. 6.

Baburam Kushwaha @ Babu Ram Bhagat Son of Late Sudama Bhagat @ Sudama Kushwaha Resident of Village- Singari Amwaliya, P.S.- Bagaha, District- West Champaran.

7.

Sukhal Sah @ Suresh Sah Son of Late Chhedi Sah Resident of VillageSingari Amwaliya, P.S.- Bagaha, District- West Champaran. 8.

Deenanath Ram Son of Ramdas Ram Resident of Village- Singari Amwaliya, P.S.- Bagaha, District- West Champaran. 9.

Lalbahadur Turaha Son of Pahawari Turaha Resident of Village- Singari Amwaliya, P.S.- Bagaha, District- West Champaran. 10.

Santosh Ram Son of Balkhandi Ram Resident of Village- Singari Amwaliya, P.S.- Bagaha, District- West Champaran.

11.

Ayodhya Ram @ Leda Ram Son of Dev Narayan Ram @ Dwas Ram Resident of Village- Singari Amwaliya, P.S.- Bagaha, District- West Champaran.

12.

Manish Kumar Son of Puranmashi Sah Resident of Village- Singari Amwaliya, P.S.- Bagaha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-11-2019 The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.69036 of 2019(2) dt.14-11-2019 2/3 petitioner No.8, Deenanath Ram, has already been arrested and as such he seeks permission to withdraw the anticipatory bail petition of petitioner No.8.

Prayer is allowed.

The anticipatory bail petition of petitioner No.8, Deenanath Ram, is dismissed as withdrawn.

Heard both sides.

The petitioners apprehend their arrest in Bagaha (Pathkhauli) P.S. case No. 411 of 2019 registered under Section 147, 447, 341, 323, 353, 109, 504, 506 of the IPC. The A.S.I. of Bagaha P.S. alleged that a procession was going on and on enquiry it transpired that one Raghaw Sah was assaulted but the police did not take any action, therefore, the villagers took out the procession. It is alleged that members of the procession became agitated and entered into scuffle with the police personnel.

The learned counsel for the petitioners submits that petitioners were taking out peaceful procession against the inaction of the police but the police on one pretext or the other wanted to disperse the procession. Nobody was injured. Considering the facts aforesaid and nature of allegation made against the petitioners, the petitioners No. 1 to 7

Patna High Court CR. MISC. No.69036 of 2019(2) dt.14-11-2019 3/3 and 9 to 12, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bagaha, West Champaran in connection with Bagaha (Pathkhauli) P.S. case No. 411 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T