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Patna High Court - Orders

Angesh Kumar @ Anjesh Kumar & Ors vs The State Of Bihar on 28 June, 2018

Author: Prabhat Kumar Jha

Bench: Prabhat Kumar Jha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.34118 of 2018
                   Arising Out of PS.Case No. -192 Year- 2017 Thana -BHANGWANPUR HAT District- SIWAN
                 ======================================================
                 1. ANGESH KUMAR @ ANJESH KUMAR, Son of Chhabila Manjhi.
                 2. Manish Kumar, Son of Mainager Prasad.
                 3. Chunmun Kumar @ Chunchun Kumar, Son of Kailash Prasad,
                 4. Kamlesh Kumar @ Dhanu Kumar @ Dhannu Prasad, S/o Aashmuni
                 Prasad, All resident of Village- Ayma (Aima), P.S.- Bhagwanpur Hat,
                 District- Siwan.
                                                                     .... .... Petitioner/s
                                                 Versus
                 1. The State of Bihar.
                                                                .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Ashok Kumar
                 For the Opposite Party/s   : Mr. Smt. Rita Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
                 JHA
                 ORAL ORDER

3   28-06-2018

Heard both sides.

The petitioners apprehend their arrest in Bhagwanpur Hat P.S. Case No.192/2017, registered under Sections 147, 148, 149, 188, 341, 323, 337, 338, 353, 324, 307, 427, 352, 379, 332, 333, 244, 295(A), 120(B) of the Indian Penal Code and Section ¾ of Bihar Loudspeaker Act.

The S.I. of Bhagwanpur Hat P.S. made allegation that the petitioners were taking out procession on the eve of Sakari Mela and when they reached near Idgah boundary, they started pelting stones on police party.

Learned counsel for the petitioners submits that the informant himself alleged that there are more than 200 persons. Patna High Court Cr.M isc. No.34118 of 2018 (3) dt.28-06-2018 2/2

No specific allegation is made against the petitioners. Bhagwanpur Hat P.S. Case No.199 of 2017 was also lodged by the Circle Officer and Circle officer named only two persons have been named. Baliram Manjhi has already been granted anticipatory bail vide order dated 06.04.2018 passed in Cr. Misc. No.14910 of 2018 by another co-ordinate Bench of this Court.

Considering the aforesaid fact and the fact that no specific allegation has been made against the petitioners and for the same occurrence C.O. also lodged Bhagwanpur Hat P.S. Case No.199 of 2017 in which the petitioners have not been named, the petitioners above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Siwan, in connection with Bhagwanpur Hat P.S. Case No.192/2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Amit/-

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