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Patna High CourtCR. MISC./37612/2018bail granted

Chandra Deo Das And ORS v. The State Of Bihar

2018-07-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37612 of 2018 Arising Out of PS. Case No.-109 Year-2018 Thana- BARAUNI District- Begusarai ======================================================

1. Chandra Deo Das, S/o Late Janak Das

2. Vishwanath Das, S/o Late Mangal Das

3. Anik Rai @ Anil Rai, S/o Shivdani Rai

4. Ramdeo Das, S/o Late Sukarib Das

5. Sukhdeo Das, S/o Dahar Das All are resident of village- Baro Rampur Tola, Police Station- Barauni (Garhara O.P), District- Begusarai - 851118. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar @ Ravindra Kr Rai, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Barauni P.S. Case No.109 of 2018, registered for the offence punishable under Sections 147, 188, 153-A, 353, 332, 307, 337 and 504 of the Indian Penal Code. Allegation has been made that during the Ram Navami procession accused persons started raising objectionable slogans and disturbed the communal harmony.

Learned counsel for the petitioners submits that no specific allegation against the petitioners, save and expect that they were members of the mob.

Patna High Court Cr.Misc. No.37612 of 2018(2) dt.06-07-2018 2/2 Looking to the entire facts and circumstances of the case, let the above-named petitioners, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusaria, in connection with Barauni P.S. Case no.109 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioners for the purposes of investigation and interrogation, they will remain present for the investigation.

In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. This is also subject to the condition that if the petitioners would be found involved in similar type of action in future, the prosecution will be at liberty to make prayer for cancellation of bail of the petitioners.

(Shivaji Pandey, J) pawan/- U T