Kari Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86013 of 2019 Arising Out of PS. Case No.-33 Year-2019 Thana- WARISNAGAR District- Samastipur ====================================================== 1.
KARI RAM Son of Late Sirekhan Ram Resident of Village - Kasor, P.S.- Waris Nagar, District- Samastipur 2.
Md. Gaffar Son of Ataur Rahman Resident of Village - Kasor, P.S.- Waris Nagar, District- Samastipur 3.
Rajendra Ram Son of Late Faudar Ram Resident of Village - Kasor, P.S.- Waris Nagar, District- Samastipur 4.
Rayum Dhobi @ Raidul Dhobi Son of Late Chhitan Dhobi @ Chitan Dhobi Resident of Village - Kasor, P.S.- Waris Nagar, District- Samastipur 5.
Meena Khatoon Wife of Anul Dhobi Resident of Village - Kasor, P.S.- Waris Nagar, District- Samastipur 6.
Sanjay Sahni Son of Yugal Sahni Resident of Village - Kasor, P.S.- Waris Nagar, District- Samastipur 7.
Md. Zainul @ Zinul Dhodi @ Jainul Dhobi Son of Late Chhitan Dhobi @ Chitan Dhobi Resident of Village - Kasor, P.S.- Waris Nagar, DistrictSamastipur 8.
Nageshwar Paswan Son of Chhote Paswan @ Chote Paswan Resident of Village - Kasor, P.S.- Waris Nagar, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2020 Heard the learned counsel for the petitioners and the learned APP for the State.
This is an application for grant of anticipatory bail in connection with Waris Nagar P.S. Case No. 33 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 342, 332, 333, 337, 338, 353, 379, 307, 393, 427 and
Patna High Court CR. MISC. No.86013 of 2019(2) dt.23-01-2020 2/3 504 of the Indian Penal Code.
The allegation is regarding a mob of about 300-400 persons having accumulated on the road on account of death of a co-villager and had blocked the road and when the police had come there, the mob had attacked the police and damaged the public property.
The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case and they are having a clean antecedent. It is further submitted that a general and omnibus allegation has been levelled against the petitioners herein, however, the petitioners are ready and willing to deposit a sum of Rs. 5000/- each before the nazarat of the learned civil court at Samastipur, for the purposes of grant of anticipatory bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners, coupled with the fact that a general and omnibus allegation has been levelled against the petitioners, I deem it fit and proper to be admit the petitioners to the privilege of anticipatory bail, subject to deposit of a sum of Rs. 5000/- each before the Nazarat of the learned civil court, Samastipur. Accordingly, the petitioners are directed to be enlarged on
Patna High Court CR. MISC. No.86013 of 2019(2) dt.23-01-2020 3/3 anticipatory bail, 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, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Waris Nagar P.S. Case No. 33 of 2019 (GR No. 328 of 2019), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further subject to the petitioners depositing a sum of Rs. 5000/- each before the nazarat of the learned Civil Court at Samastipur.
(Mohit Kumar Shah, J) Ajay/- U T