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
-2-
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
-3-
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/
