Rajendra Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48322 of 2018 Arising Out of PS.Case No. -51 Year- 2018 Thana -IMAMGANJ District- GAYA ======================================================
1. Rajendra Prasad Son of Ramdeo Mahto
2. Chandradeo Bhuiyan Son of late Mungeshwar Bhuiyan
3. Rajesh Bhuiyan Son of late Kuleshwar Bhuiyan
4. Ballam Bhuiyan Son of Buttu Bhiyan
5. Fulchand Bhuiyan Son of Rambriksh Bhuiyan
6. Surendra Bhuiyan Son of Rambriksh Bhuiyan
7. Barho Bhuiyan Son of late Nageshwar Bhuiyan
8. Sharwan Bhuiyan Son of late Nageshwar Bhuiyan
9. Prem Bhuiyan Son of Kali Bhuiyan
10. Pravesh Bhuiyan son of Buttu Bhuiyan
11. Kariman Bhuiyan Son of Kali Bhuiyan
12. Ganesh Bhuiyan Son of late Sardari Bhuiyan All Resident of VillagePadariya Tola Dipandih, P.S. Imamganj, District- Gaya.
13. Munarik Chaudhary Son of late Heman Chaudhary
14. Mahendra Chaudhary son of Rameshu Chaudhary Both resident of Village- Pakardih, P.S. Imamganj, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shivendra Prasad, Adv. For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in Imamganj P.S. Case No. 51/2018, registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 337, 353, 307 and 427 of the Indian Penal Code.
Allegation against petitioners is that while the police
Patna High Court Cr.Misc. No.48322 of 2018 (2) dt.18-09-2018 2/3 officials went to conduct raid, petitioners and 100 unknown persons making unlawful assembly, attacked on police personnel, damaged official vehicles and restrained them in discharging their official duty.
It has been submitted that no specific allegation has been made against these petitioners. Petitioners were identified by Chawkidar and Dafadar. There is general and omnibus allegation against these petitioners. Similarly placed co-accused have been granted anticipatory bail by this court vide Annexure-2. Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest or 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 furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Sherghaty, Gaya in connection with Imamganj P.S. Case No. 51/2018, subject to the conditions:
(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2.) Petitioners shall co-operate in the trial and
Patna High Court Cr.Misc. No.48322 of 2018 (2) dt.18-09-2018 3/3 shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bonds.
(3.) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Vinita/- U T