Vikash Kumar & Ors vs The State Of Bihar on 1 August, 2018

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Patna High Court - Orders

Vikash Kumar & Ors vs The State Of Bihar on 1 August, 2018

Bench: Sanjay Priya

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.44223 of 2018
                     Arising Out of PS.Case No. -438 Year- 2017 Thana -SIWAN MUFFASIL District- SIWAN
                  ======================================================
                  1. Vikash Kumar, Son of Ashok Prasad,
                  2. Pradeep Kumar Srivastav, Son of Prem Kumar,
                  3. Shyam Kumar Rajak, Son of Munna Rajak,
                  4. Neeraj Kumar, Son of Brij Kishore Thakur,
                  5. Sachin Kumar, Son of Krishna Prasad,
                  6. Naarad Kumar, Son of Jagdesh,
                  7. Viresh Kumar, Son of Tribhuguna Prasad, all are resident of village-
                      Barhan Gopal, Barhan, Thana- Mufassil, District- Siwan.
                                                                         .... .... Petitioner/s
                                                   Versus
                  1. The State of Bihar.
                                                                    .... .... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     : Mr. Ranjeet Kumar, Advocate
                  For the Opposite Party/s : Mr. Vinod Shankar Modi, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                  ORAL ORDER

3/   01-08-2018

Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Siwan Mufassil P.S. Case No.438 of 2017 instituted for the offence under Section(s) 147, 148, 149, 323, 322, 333, 353, 188, 294, 290, 291 Indian Penal Code, Section 9 of the Bihar Control of Loudspeaker Act and Section 24 and10 of the POCSO Act.

Counsel for the petitioner submits that there is general and omnibus allegation against the petitioners.

In the written report, it is alleged that on account of Mahaviri Jhanda, 100-150 persons had assembled and were taking procession. When the police asked to show permission for procession, they started raising slogan against the administration. Patna High Court Cr.M isc. No.44223 of 2018 (3) dt.01-08-2018 2/2

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 Siwan Mufassil P.S. Case No.438 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 the 1st Additional Sessions Judge-cum-Special Judge, Siwan, 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 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

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Patna High Court - Orders