Patna High Court - OrdersShambhu Chaudhary & Ors vs The State Of Bihar on 17 October, 2016Author:Sharan SinghBench:Sharan SinghIN THE HIGH COURT OF JUDICATURE AT PATNA
         Criminal Miscellaneous No.42476 of 2016
   Arising Out of P.S. Case No. -113 Year- 2016 Thana -MANIYARI District-
                              MUZAFFARPUR

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1. Shambhu Chaudhary, Son of Late Laxmi Chaudhary.
2. Guddu Baitha @ Arvind Kumar, Son of Ram Datt Baitha
@ Ram Dev Baitha.
3. Vivek Kumar, Son of Harendra Sah @ Amrendra Sah.
4. Munna Kumar, Son of Ram Prasad Sah @ Ram Prasad
Mahto.
5. Rajan Kumar, Son of Ram Prasad Sah @ Ram Prasad
Mahto.
6. Santosh Ram, Son of Late Ramesh Ram.
7. Girinder Rai @ Girinder Kumar, Son of Heera Rai @ Hira
Lal Rai.
8. Raj Kumar, Son of Ram Chandra Ram.
9. Shambhu Paswan, Son of Heera Paswan.
10. Binod kumar @ Binod Sah, Son of Late Asharfi Sah.
11. Malti Devi, Wife of Shambhu Paswan.
12. Ravindra Rai @ Ravindra Kumar Rai, Son of Heera Lal
Rai.
13. Munna Mahto @ Avinash Kumar, Son of Shiv Nandan
Mahto.
14. Arun Paswan, son of Parori Paswan.
15. Kaleshwar Manjhi, Son of Mangal Manjhi.
16. Umesh Sah, Son of Jaga Sah.
17. Fakira Pattay, Son of Late Shivjee Patty.
18. Ram Nath Paswan, Son of Devi Paswan.
All Resident of Village - Baghi, P.S. - Maniyari, District -
Muzaffarpur.
                                                ....   ....   Petitioner/s
                                 Versus
       Patna High Court Cr.Misc. No.42476 of 2016 (2) dt.17-10-2016

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                   1. The State of Bihar.
                                                                     ....   .... Opposite Party/s
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                   Appearance :
                   For the Petitioner/s                : Mr. Vasant Vikas, Adv.
                   For the Opposite Party/s : Mr. Ajit Kumar, APP
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                   CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
                   SHARAN SINGH
                   ORAL ORDER


2   17-10-2016Heard the parties.This application, for grant of anticipatory bail,

                    arises out of Maniyari P.S. Case No. 113 of 2016, disclosing

                    offences underSections 147,149,341,342,323,332,353,427,435,307,504and506of the Indian Penal Code

                    andSections 5and6of the Essential Services Maintenance

                    Act.Learned counsel, appearing on behalf of the

                    petitioners, has submitted that there is general and

                    omnibus allegation against 29 persons named and 500-600

                    unnamed in the F.I.R. of creating disturbance near a

                    branch of North Bihar Gramin Bank and brick-batting on

                    police party when they tried to intercede into the matter in

                    order to pacify the situation.Learned counsel, appearing on behalf of the

                    petitioners, appears to be correct in his submission that thePatna High Court Cr.Misc. No.42476 of 2016 (2) dt.17-10-20163/3allegations are general and vague.Considering the submission, as above, this

                     application is allowed. Let the petitioners, above named, in

                     the event of their arrest or surrender before the court

                     below within six weeks, be released on bail on furnishing

                     bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each

                     with     two     sureties      of   the     like    amount      each    to    the

                     satisfaction       of    learned         Chief       Judicial    Magistrate,

                     Muzaffarpur, in connection with Maniyari P.S. Case No.

                     113 of 2016, subject to the condition laid down underSection 438 (2)of the Code of Criminal Procedure.This    is    subject     to      the   condition     that   the

                     petitioners         shall      present           themselves     before        the

                     police/Court, as the case may be, as and when required

                     and in the event of failure on their part to appear before

                     the Court on two consecutive occasions, their bail bonds

                     shall be liable to be cancelled.(Chakradhari Sharan Singh, J.)

Praveen-II/-c


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