Patna High Court - Orders
Mani Bhushan Yadav vs The State Of Bihar on 1 May, 2024
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26777 of 2023
Arising Out of PS. Case No.-299 Year-2021 Thana- CHHAURADANO District- East
Champaran
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1. Mani Bhushan Yadav S/O Bhagirath Rai @ Bhagirath Ray R/V- Jai Nagar @
Kathariya, P.S.- Chauradano, District- East Champaran
2. Harendra Rai @ Harendra Prasad Yadav S/O Ram Surat Rai R/V- Kathariya,
P.S.- Chauradano, District- East Champaran
3. Shyam Bihari Sah S/O Ramashray Sah R/V- Juafar, P.S.- Chauradano,
District- East Champaran
4. Bhunesh Pashwan S/O Jiryodhan Pashwan R/V- Juafar, P.S.- Chauradano,
District- East Champaran
5. Madan Mian @ Iantahajul Mian S/O Tabarakh Mian R/V- Juafar, P.S.-
Chauradano, District- East Champaran
6. Siyapati Devi @ Siya Devi Wife Of Pookar Paswan R/V- Jai Nagar, P.S.-
Chauradano, District- East Champaran
7. Prem Paswan S/O Mishri Paswan R/V- Jai Nagar, P.S.- Chauradano,
District- East Champaran
8. Pathri Devi W/O Bhaju Paswan R/V- Juafar, P.S.- Chauradano, District- East
Champaran
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ravi Raj, Advocate
For the Opposite Party/s : Mr.Binod Kumar, Addl Public Prosecutor
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 01-05-2024Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 188, 147, 148, 149, 341, 323, 324, 326, 307, 332, 333, 353, 379, 337, 338, 290, 427, 171(C) and 171(H) of the Indian Penal Code and Section 126 of Representation of People Act, 1951.
3. As per the prosecution case, in course of flag march and area domination etc., conducted with a view to hold Panchayat election on 15.11.2022, when the informant along with police personnel had reached near the house of Sonu Kumar, they found that a large number of persons had assembled there and when they were asked to vacate the said Patna High Court CR. MISC. No.26777 of 2023(6) dt.01-05-2024 2/2 place, all the 46 FIR named accused persons and 250 unknown male and female persons holding lathi, danda, knife, sword, sickle bricks etc. started assaulting the police force by surrounding them. It is also alleged that the accused persons damaged the Bolero vehicle and motorcycles of various police officials.
4. It is submitted on behalf of the petitioners that allegation is general and omnibus and no specific overt act has been alleged against these petitioners. similarly situated co- accused persons have already been granted the privilege of anticipatory bail by an order dated 28.09.2022, passed in Criminal Miscellaneous No.36194 of 2022. Petitioners claim clean antecedent.
5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on 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 Sub Divisional Judicial Magistrate VI, Motihari, East Champaran in Chhauradano Police Station Case No. 299 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
Shashi
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