Harendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80816 of 2019 Arising Out of PS. Case No.-369 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== 1.

HARENDRA MAHTO Son of Late Tilak Mahto Resident of VillageBahuarwa Kala, P.S.- Shikarpur, District- West Champaran. 2.

Alakh Niranjan Srivastava Son of Late Lalan Prasad Resident of VillageBahuarwa Kala, P.S.- Shikarpur, District- West Champaran. 3.

Shambhu Sah Son of Sri Ganesh Sah Resident of Village- Bahuarwa Kala, P.S.- Shikarpur, District- West Champaran.

4.

Awdhesh Shrivastava @ Awdhesh Prasad Son of Late Suraj Prasad Shrivastava Resident of Village- Bahuarwa Kala, P.S.- Shikarpur, DistrictWest Champaran. 5.

Dinanath Yadav Son of Sri Lorik Yadav Resident of Village- Bahuarwa Kala, P.S.- Shikarpur, District- West Champaran. 6.

Arjun Paswan Son of Late Gauri Paswan Resident of Village- Bahuarwa Kala, P.S.- Shikarpur, District- West Champaran. 7.

Raj Kumar Yadav Son of Ramayan Prasad Yadav Resident of VillageBahuarwa Kala, P.S.- Shikarpur, District- West Champaran. 8.

Ramayan Prasad Kushwaha Son of Sri Gorakh Prasad Kushwaha @ Gorakh Kushwaha Resident of Village- Siswa Bahuarwa Kala, P.S.- Shikarpur, District- West Champaran.

9.

Arvind Kushwaha @ Arvind Prasad Kushwaha Son of Janardhan Kushwaha Resident of Village- Siswa Bahuarwa Kala, P.S.- Shikarpur, District- West Champaran.

10.

Anupam Dubey Son of Sri Binod Dubey Resident of Village- Siswa Bahuarwa Kala, P.S.- Shikarpur, District- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-01-2020 Petitioners seek bail in anticipation of their arrest in connection with Shikarpur P.S. Case No. 369 of 2019 registered for the offences punishable under Sections 147, 149, 353 and

Patna High Court CR. MISC. No.80816 of 2019(3) dt.22-01-2020 2/3 188 of the Indian Penal Code.

As per prosecution case, allegation is of taking law in their hand when petitioners made demonstration on three tractors proceeded towards Siswa village and they blocked the road as a result of which there was law and order problem. Submission of learned counsel for the petitioners is that there is general and omnibus allegation against all the accused persons and no specific allegation has been attributed against any of the petitioners.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail stating that petitioner Nos. 1, 3, 4 and 9 have criminal antecedents which fact they have suppressed though later on a supplementary affidavit has been filed by learned counsel for the petitioners.

In view of above facts and circumstances, let petitioner Nos.2,5,6,7, 8 and 10, in the event of surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Shikarpur P.S. Case No. 369 of 2019, subject to the conditions as laid down under

Patna High Court CR. MISC. No.80816 of 2019(3) dt.22-01-2020 3/3 Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

So far petitioner Nos. 1, 3, 4 & 9 are concerned, I am not inclined to grant the privilege of anticipatory bail to them. They have to surrender and pray for regular bail. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T