Sanjay Tatma @ Sanjay Kumar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74853 of 2019 Arising Out of PS. Case No.-573 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.
SANJAY TATMA @ SANJAY KUMAR DAS Son of Dukhan Tatma Resident of Village - Mirjapur, P.S.- Simraha, District - Araria 2.
Ramchander Sah @ Ramchandrar Sah Son of Vidyanand Sah Resident of Village - Mirjapur, P.S.- Simraha, District - Araria 3.
Nitesh Kumar Thakur Son of Surjanand Thakur Resident of Village - Mirjapur, P.S.- Simraha, District - Araria 4.
Prashant Thakur @ Prashant Kumar Thakur Son of Janardhan Thakur Resident of Village - Mirjapur, P.S.- Simraha, District - Araria 5.
Rajendra Sah @ Raju Sah Son of Late Sikrichand Sah Resident of Village - Mirjapur, P.S.- Simraha, District - Araria 6.
Gunadhar Kumar @ Gunadhar Mehta @ Uday Mehta @ Uday Kumar Mehta Son of Late Dilip Mehta Resident of Village - Mirjapur, P.S.- Simraha, District - Araria 7.
Babloo Sharma Son of Sadanand Sharma Resident of Village - Mirjapur, P.S.- Simraha, District - Araria 8.
Surender Das @ Surender Tatma Son of Kaleshwar Tatma @ Kaleshwar Das Resident of Village - Mirjapur, P.S.- Simraha, District - Araria 9.
Nishant Kumar Sah Son of Jai Prakash Sah Resident of Village - Mirjapur, P.S.- Simraha, District - Araria ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Naushad Uzzoha For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned APP for the State.
The instant application has been filed by the petitioner for anticipatory bail apprehending their arrest in connection with Forbesganj (Simraha) P.S. Case No. 573 of 2019 registered for
Patna High Court CR. MISC. No.74853 of 2019(2) dt.20-11-2019 2/3 the offence punishable under sections 147, 149, 341, 342, 188, 353 and 506 of the Indian Penal Code.
As per allegation made in the F.I.R., 18 named accused persons which includes the nine petitioners herein along with 8-10 other persons are said to have blocked the road traffic in protest after an accident had taken place in which a person died. It is further stated that they kept the dead body on road and were creating scene as a result of which there was a big jam on the State High Way.
It is stated by the learned counsel for the petitioners that the allegations are general and omnibus in nature and from the perusal of the FIR itself it would transpire that the protest had taken place as a result of an accident and consequent death. Petitioners have no criminal antecedent.
Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners and in the event of their arrest or surrender within a period of six weeks from today, they shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No. 573 of 2019, subject to the condition as
Patna High Court CR. MISC. No.74853 of 2019(2) dt.20-11-2019 3/3 laid down under Section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T