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Patna High Court – Orders
Ram Sagar Yadav &Amp; Ors vs State Of Bihar on 15 June, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.20186 of 2010
                  1. RAM SAGAR YADAV SON OF LATE SARYUG YADAV
                  2. SHYAM KUMAR SON OF SRI NARESH YADAV,
                  3. SURESH RAM SON OF BALLAM RAM, ALL RESIDENT
                   OF VILLAGE GIRIHINDA, P.S. SHEIKHPURA, DISTRICT
                   SHEIKHPURA                   --- PETITIONERS.
                     Versus
                                  STATE OF BIHAR--OPP. PARTY.
                                    with
                               Cr.Misc. No.20252 of 2010
                  VILASH YADAV SON OF LATE BHAGWAN DAS YADAV,
                  RESIDENT OF VILLAGE COLLEGE MORE, P.S. AND
                  DISTRICT SHEIKHPURA. - PETITIONER.
                                   Versus
                  STATE OF BIHAR--OPP. PARTY.
                   -----------

For the petitioner in Cr. Misc. No. 20186/2010: M/S
Pankaj Kumar Sinha, with Kamal
Kishore Jha, Advocates.

For the State:k Mr. Akbar Ali, A.P.P.

For the petitioner in Cr.Misc.No. 20252/2010: M/S Ambika
Bhagat with Kamal Kishore Singh, Advocates.

2/ 15.06.2010 Heard the parties.

In a criminal prosecution for offences under

sections 307, 436, 353 and other allied offences of the

Indian Penal Code, the petitioners of both the cases are

named in the F.I.R. as accused. According to the

prosecution case some persons had collected certain bricks

for the purpose of constructing a religious structure on a

public land. When the police party were getting the bricks

removed from there with the help of labourers, then it was

found that some of the accused have put up an the idol of

Lord Hanumanjee on that place. While idol of Lord

Hanumanjee was being removed with full dignity and
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honour, large number of persons are said to have

assembled there and started pelting stones, as a result of

which some persons sustained injuries.

It is submitted by learned counsel appearing on

behalf of the petitioners that allegations are general in

nature against all the F.I.R. named accused persons,

including the petitioners as also unknown accused persons

and at best they can be said to be the members of the mob.

It is further submitted that co-accused Sadhu Choudhary

@ Indradeo Choudhary and co-accused Rajesh Kumar with

almost similar and identical allegation with that of the

petitioners have been granted bail by a common order

dated 30.04.2010 passed in Cr. Misc. No. 11569 and

12482, both of 2010 by a Bench of this Court.

In the aforesaid facts and circumstances let the

above named petitioners of both cases be enlarged on bail

on furnishing bail bonds of Rs. 10,000/- each with two

sureties of the like amount each to the satisfaction of Chief

Judicial Magistrate, Sheikhpura in connection with

Sheikhpura P.S. Case No. 66 of 2010 subject to the

conditions that:

(A) one of the bailors must be government

servant or close family members of the

petitioners, who will file an affidavit in the

court below showing his/her relationship
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with the petitioners,

(B) if the petitioners are found involved in

same and similar nature of cases in

future, then in that case the informant/

prosecution shall be at liberty to file a

petition for cancellation of the bail of the

petitioners, and if such a petition is filed,

the court below would be obliged to

dispose of the same in accordance with

law after giving opportunity of hearing to

all concerned and

(C) the petitioners shall make regular pairvi in

the court below in the present case either

by appearing themselves in person or

through representation by his lawyer on

each and every dates, and if on two

consecutive dates petitioners fail to make

pairvi, then the court below shall be at

liberty to cancel the bail bonds of the

petitioners.

( Birendra Prasad Verma, J )

BTiwary/


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