Ravi Kumar Chaurasiya And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34681 of 2018 Arising Out of PS.Case No. -79 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ravi Kumar Chaurasiya, son of Awadhesh Narayan Chaurasiya @ Avdhesh Na Prasad,
2. Dharmendra Kumar Yadav, son of Laxmi Narayan Yadav, both residents of village- Tetariya, P.S.- Rajepur, District- East Champaran,
3. Yogi Sahani @ Yogendra Sahani, son of Bhado Sahani, resident of Village- Kothiya, P.S.- Madhuban, District- East Champaran,
4. Mithlesh Kumar @ Mithilesh Kumar, son of Tarachandra Prasad Gupta, resident of Village- Tetariya, P.S.- Rajepur, District- East Champaran,
5. Suresh Sahani son of Ramchandra Sahani,
6. Jitendra Sahani son of Ramchandra Sahani, both residents of villageGheghwa, P.S.- Madhuban, District- East Champaran,
7. Nand Kishore Paswan, son of Naresh Paswan, resident of VillageTetariya, P.S.- Rajepur, District- East Champara,
8. Manoj Kumar, son of Late Hiralal Sah,
9. Sheo Shankar Sah @ Sheo Shankar Prasad, son of late Jiyalal Sah,
10. Kundan Chaurasiya @ Kundan Kumar, son of late Kripa Narayan Prasad Chaurasiya,
11. Ram Narayan Sah @ Satya Narayan Sah, son of late Shankar Sah,
12. Sonu Jha @ Sonu Kumar Jha, son of Anjani Jha,
13. Mudai Kumar @ Bhuday Kumar @ Pappu Chaurasiya son of late Dhruv Narayan Prasad Chaurasiya,
14. Ratnesh Kumar, son of Tarachandra Prasad Gupta,
15. Sanjay Chaurasiya @ Sanjay Kumar, son of Vishwanath Prasad,
16. Jitendra Kumar, son of Achchelal Sah, all residents of village- Tetariya, P.S. Rajepur, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-06-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Rajepur P.S.
Patna High Court Cr.Misc. No.34681 of 2018 (2) dt.19-06-2018 2/3 Case No.79 of 2016 instituted for the offence under Section(s) 143, 144, 145, 147, 148, 149, 151, 152, 153-A, 160, 295, 295-A, 297, 298, 395, 341, 323, 504, 342, 504 Indian Penal Code. Counsel for the petitioners submits that there is general and omnibus allegation against the petitioners. In the written report, it is alleged that informant had mobile shop at Tetariya Bazar and about 350-400 persons came on the date of occurrence and raised anti-muslim slogans and looted the articles of the shop worth Rs.1,50,000/- and cash of Rs.50,000/-.
It has further been submitted that other co-accused have been granted anticipatory bail by this Court by order dated 02.04.2018 passed in Cr. Misc. No.17154 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 Rajepur P.S. Case No.79 of 2016, 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 SubDivisional Judicial Magistrate, Sadar, East Champaran, Motihari, subject to the conditions as laid down under Section
Patna High Court Cr.Misc. No.34681 of 2018 (2) dt.19-06-2018 3/3 438(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 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/- U T