Sunil Kumar Kushwaha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65702 of 2018 Arising Out of PS. Case No.-1098 Year-2017 Thana- SITAMARHI District- Sitamarhi ======================================================
1. Sunil Kumar Kushwaha, Son of Ram Prit Singh, Resident of Village- Balua, P.S.- Dumra, District- Sitamarhi.
2. Sitaram Yadav, Son of Raghunandan Yadav, Resident of VillageNaya Gaon, P.S.- Nanpur, District- Sitamarhi.
3. Shafique Khan, Son of Late Siddique Khan, Resident of VillageMehsaul Chowk, P.S. & District- Sitamarhi.
4. Raj Kishore Kushwaha @ Raj Kishore Singh, Son of Late Ram Ekbal Singh, Resident of Village- Ramnagra, P.S.- Riga, District- Sitamarhi.
5. Shailendra Ahiraj @ Ahiraj Shailendra Bhushan, Son of Late Ramchandra Rai, Resident of Village- Dalakaba, P.S.- Sonbarsa, District- Sitamarhi.
6. Ishahaque Naddaf @ Ishfaque Ahmad, Son of Nathuni Naddaf, Resident of Village- Gopenathpur (Barbas), P.S.- Durma, District- Sitamarhi.
7. Nandlal Yadav, Son of Late Ram Pratap Rai, Resident of VillageBhup Bhairo, P.S. & District- Sitamarhi.
8. Ganesh Prasad @ Ganesh Prasad Gupta, Son of Late Birju Sah, Resident of Mohalla- Station Road, Sitamarhi, P.S. & DistrictSitamarhi . ... Petitioners
Versus
The State of Bihar. ... ... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Hans Lal Kumar, Advocate For the Opposite Party : Mr.Iftekhar Mahmood, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2018 Heard learned counsel for the petitioners as well as learned counsel for the State.
Petitioners apprehend their arrest in a case registered for offence under sections 143,188,283,285,290,291 and 353 of the IPC.
It is submitted on behalf of the petitioners that the petitioners are social workers having political background due to which they have been implicated in the instant case. In
Patna High Court Cr.Misc. No.65702 of 2018(2) dt.13-12-2018 2/3 respect of petitioner no.3 it is submitted that he is an elderly person suffering from cardiac ailments. It is submitted that there is no allegation of damaging public property and causing any injury to the police party, or loss of life. Petitioners have no criminal antecedent.
Learned counsel for the State opposes prayer for bail of the petitioners by referring to the order of the learned Sessions Judge dated 25.9.2018 and has pointed out that reliance has been placed in the impugned order on certain paragraphs of the case diary.
Considering the submissions of learned counsel for the petitioners, prayer for anticipatory bail to all the eight petitioners mentioned above is allowed. In the event of arrest/surrender within a period of four weeks from today, let the petitioners as mentioned above be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the I/C Chief Judicial Magistrate, Sitamarhi in Sitamarhi (Mehsaul OP) Police Station Case No. 1098 of 2017 on the following conditions:- One of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to
Patna High Court Cr.Misc. No.65702 of 2018(2) dt.13-12-2018 3/3 how they are related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners and The Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Madhuresh Prasad, J) shashi U T