Patna High Court - Orders
Sanjay Kumar & Anr vs The State Of Bihar on 9 October, 2015
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41242 of 2015
Arising Out of PS.Case No. -108 Year- 2015 Thana -GHORASAHAN District-
EASTCHAMPARAN(MOTIHARI)
======================================================
1. Mukesh Kumar son of Harishankar Prasad, resident of village-
Bhagwanpur Kotwa, P.S.- Ghorasahan, District- East Champaran
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.45203 of 2015
Arising Out of PS.Case No. -108 Year- 2015 Thana -GHORASAHAN District-
EASTCHAMPARAN(MOTIHARI)
======================================================
1. Sanjay Kumar son of Mishri Lal Prasad
2. Pankaj Kumar Son of Jaymangal Prasad both resident of Village & PS
Ghorasahan, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.45947 of 2015
Arising Out of PS.Case No. -108 Year- 2015 Thana -GHORASAHAN District-
EASTCHAMPARAN(MOTIHARI)
======================================================
1. Rajan Kumar @ Ranjan Kumar S/o. Sukdeo Prasad
2. Raju Kumar S/o. Nagendra Prasad both resident of village & P.O.
Ghorasahan, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.47790 of 2015
Arising Out of PS.Case No. -108 Year- 2015 Thana -GHORASAHAN District-
EASTCHAMPARAN(MOTIHARI)
======================================================
1. Manoj Teli @ Manoj Kumar S/o Baijanth Gupta
2. Ganga Sagar Prasad Son of late Kapildeo Prasad
Patna High Court Cr.Misc. No.41242 of 2015 (2) dt.09-10-2015
2/4
3. Ramnath Goshai S/o Rajendra Prasad Sah
4. Rajesh Kumar S/o Daroga Prasad Sah
5. Dharmendra Kumar@Dharmendra Sah S/o Bikash Sah
6. Rajesh Singh S/o Late Suraj Singh
7. Amil Akhatar@Badal S/o late Jalaluddin
8. Washi Akhatar S/o Late Jalaluddin All resident of Village & P.S
Ghorasaha District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
(In Cr.Misc. No.41242 of 2015)
For the Petitioner/s : Mr. Umesh Chandra Verma
For the Opposite Party/s : Mr. Nagendra Prasad (App)
(In Cr.Misc. No.45203 of 2015)
For the Petitioner/s : Mr. Shashi Bhushan Pandey
For the Opposite Party/s : Mr. Lalan Kumar (App)
(In Cr.Misc. No.45947 of 2015)
For the Petitioner/s : Mr. Shashi Bhushan Pandey
For the Opposite Party/s : Mr. Lallan Kumar (App)
(In Cr.Misc. No.47790 of 2015)
For the Petitioner/s : Mr. Shashi Bhushan Pandey
For the Opposite Party/s : Mr. Lalan Kumar(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
2 09-10-2015Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 353, 332, 333, 337, 338, 427, 504, 506, 120B of the Indian Penal Code.
It is submitted by learned counsel for the petitioners that petitioner No. 1 Rajan Kumar @ Ranjan Kumar of Cr. Misc. No. 45947 of 2015 has been arrested. Hence, learned counsel seeks permission to withdraw the application with regard to petitioner No. 1 Rajan Kumar @ Ranjan Kumar of Cr. Misc. No. 45947 of 2015.
Permission is accorded.
Patna High Court Cr.Misc. No.41242 of 2015 (2) dt.09-10-20153/4 Accordingly the application with regard to petitioner No. 1 Rajan Kumar @ Ranjan Kumar of Cr. Misc. No. 45947 of 2015 is permitted to be withdrawn.
The prosecution case is that the mob was protesting for not allowing the stoppage of trains at Ghorasahan railway station. It is specifically alleged that mob was led by one Prabhu Narayan. When the police reached on the spot, the mob attacked on the police personnel. The accused persons including petitioners were identified by the local Chaukidar.
It is submitted by learned counsel for the petitioners that accusation is against the mob and the main accused Prabhu Narayan has been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 25895 of 2015 as gets reflected from the order contained in Annexure-2.
A statement has been made in para 3 of each of the petition that petitioners have no criminal antecedent.
Considering the accusation against the mob and the fact that leader of the mob has been granted anticipatory bail, let the petitioners, above named, except petitioner No. 1 Rajan Kumar @ Ranjan Kumar of Cr. Misc. No. 45947 of 2015, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like Patna High Court Cr.Misc. No.41242 of 2015 (2) dt.09-10-2015 4/4 amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana, East Champaran in connection with Ghorasahan P.S. Case No. 108 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/-
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