Murari Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25385 of 2018 Arising Out of PS.Case No. -493 Year- 2017 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Murari Sah, S/o Hajari Sah,

2. Raviraj Gupta, S/o Rajeev Sah,

3. Aman Kumar, S/o Dilip Kumar @ Dilip Poddar,

4. Diwakar Kumar @ Divakar Kumar Gupta, S/o Dilip Kumar @ Dilip Poddar,

5. Hajari Sah, S/o Late Ram Bahadur Sah, All Residents of Vill.- Rajaura, P.S.- Muffasil, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate. For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Muffasil P.S. Case No. 493 of 2017 instituted for the offence under Sections 147, 149, 341, 151, 153, 152, 290, 291, 353 and 120(B) of the Indian Penal Code.

In the written report there is allegation that due to arrest of Deepak Kumar and in protest, few people including the petitioners had blocked the road, on account of which, there was traffic jam. Learned counsel for the petitioners has submitted that other co-accused persons with similar allegation have already been granted anticipatory bail by a coordinate Bench of this Court vide order

Patna High Court Cr.Misc. No.25385 of 2018 (2) dt.01-05-2018 2/2 dated 06.04.2018 passed in Cr. Misc. 14761 of 2018. There is general and omnibus allegation against the petitioners in the written report.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Muffasil P.S. Case No. 493 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 learned Additional Chief Judicial Magistrate, Begusarai, 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 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 bond 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) S.