Shashikant Thakur And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46661 of 2018 Arising Out of PS.Case No. -236 Year- 2017 Thana -RANIYATALAB District- PATNA ======================================================
1. Shashikant Thakur, son of Ram Dayal Thakur,
2. Vinod Sao @ Vinod Shao, son of Shiv Jatan Sao,
3. Shiv Kumar Sao @ Shiv Kumar @ Bachhi, son of Late Ram Briksh Sao,
4. Sudhir Kumar, son of Devnath Sao,
5. Dipak Kumar @ Deepak Kumar, son of Devnath Sao,
6. Munna Kumar @ Munna Sao @ Munna Shao, son of Ram Pravesh Sao,
7. Suraj Kumar @ Gopal Kumar, son of Rudal Sao @ Arvind Kumar,
8. Deepak Kumar, son of Lakshi Sao @ Lakshmi Prasad Gupta,
9. Rohit Kumar, son of Shyam Babu Vishwakrma,
10. Vishwamitra Kumar @ Vishwamitra Kumar Gupta, son of Om Sao @ Om Prakash Gupta,
11. Deepak Kumar Prasad @ Deepak Kumar, son of Girija Mistri,
12. Nitish Kumar Patel, son of Narendra Patel @ Bachu Singh @ Vinod Singh,
13. Md. Mozuied @ Md. Mozabin Khan @ Mojabin Khan, son of Sarwar Khan,
14. Virendra Prasad @ Virendra Sao @ Virendra Saho, son of Ram Niwas Sao,
15. Pramod Kumar @ Bagha, son of Pukar Yadav, All are resident of Village- Saidabad, P.S.- Rani Talab, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-08-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Rani Talab P.S. Case No.236 of 2017 instituted for the offence under Section(s) 147, 148, 149, 283, 353 and 427 Indian Penal Code. It is alleged in the written report that there was an
Patna High Court Cr.Misc. No.46661 of 2018 (3) dt.25-08-2018 2/3 accident between the Tempo and Truck in which three persons succumbed to death. Thereafter, large number of accused persons including the petitioners had blocked the road and caused obstruction in discharge of official duty of informant. Petitioners are also named as members of unlawful assembly.
Learned counsel for the petitioners has submitted that other accused persons with similar allegation have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 27.07.2018 passed in Cr. Misc. No.41929 of 2018.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Rani Talab P.S. Case No.236 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Danapur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall
Patna High Court Cr.Misc. No.46661 of 2018 (3) dt.25-08-2018 3/3 cooperate in the trial and 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 liable to cancel their bail bonds and (3) if 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. (Sanjay Priya, J) JA/- Rohit Kr.
U T