Shesh Nath Prasad and ors. Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.42264 o”1. shesh nath prasad, son of late garhan prasad, r/o village mathura, p.s. shikarpur, district west champaran. 2.ambika mahto, son of shivnandan mahto, r/o village bargon, p.s. shikarpur, district west champaran. 3.majeed sheikh, son of dindar sheikh, r/o village thathwa, p.s. shikarpur, district west champaran. 4.majammil sheikh, son of majeed sheikh, r/o village thathwa, p.s. shikarpur, district west champaran. 5.taj mohammad, son of rahim gaddi, r/o village orarwa, p.s. shikarpur, district west champaran. 6.sk. quiyum ansari, son of late hafiz mian, r/o village thathwa, p.s. shikarpur, district west champaran. 7.chandi prasad @ santosh kumar, son of shankar prasad, r/o village belbania, p.s. shikarpur, district west champaran. 8.ram pravesh patel, son of vindheyachal patel, r/o village khamiya, p.s. inarwa, district west champaran. 9.vipin kumar, son of baidnath prasad, r/o village pirari, p.s. inarwa, district west champaran. 10.ramakant prasad, son of late rajgir @ rajbir sah, r/o village pirari, p.s. inarwa, district west champaran. 11.jawahir mahto, son of late badri mahto @ badri sah, r/o village pirari, p.s. inarwa, district west champaran. 12.yunus mian, son of mahmood mian, r/o village pirari, p.s. inarwa, district west champaran. 13.ajay ray, son of sharda rai, r/o village barantpur, p.s. nathigaria, district west champaran. 14.suresh sah, son of late jagarnath sah, r/o village samuta, p.s. sathi, district west champaran. -------petitioners versus the state of bihar -----opposite party ---------------- with criminal miscellaneous no.42851 o”1. umesh sah, son of bhola sah, r/o village tarharwa bairiya, p.s. shikarpur, district west champaran. 2.rahul kumar sahu @ rahul kumar sah, son of ashok prasad. 3.ajay kumar @ ajay prasad, son of jhagru sah, both r/o village kaithwaliya, p.s. chanpatia, district west champaran. -------petitioners versus the state of bihar -----opposite party ---------------- 02/- 16/01/2012 since both the applications arising out of one case are taken up together and being disposed of by this composite order. heard learned counsel for the petitioners and learned additional public prosecutor for the state. all the seventeen petitioners are apprehending their arrest in connection with a case registered for the offence punishable under sections 413, 414 and 34 of the indian penal code, are named accused in this case. submission is that under almost similarly situated circumstance remaining co-named accused persons have already been granted the privilege by a bench of this court vide orders dated 28.11.2011 & 30.11.2011 respectively passed in cr. misc. nos. 39794/2011 & 40196/2011. considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of chief judicial magistrate, bettiah, west champaran, in connection with inarwa p.s. case no. 31 of 2011, subject to condition laid down under section 438 (2) of the code of criminal procedure with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. ( akhilesh chandra, j.) praveen/-

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42264 o”

1. Shesh Nath Prasad, Son of Late Garhan Prasad, R/o Village Mathura, P.S. Shikarpur, District West Champaran. 2.Ambika Mahto, Son of Shivnandan Mahto, R/o Village Bargon, P.S. Shikarpur, District West Champaran. 3.Majeed Sheikh, Son of Dindar Sheikh, R/o Village Thathwa, P.S. Shikarpur, District West Champaran. 4.Majammil Sheikh, Son of Majeed Sheikh, R/o Village Thathwa, P.S. Shikarpur, District West Champaran. 5.Taj Mohammad, Son of Rahim Gaddi, R/o Village Orarwa, P.S. Shikarpur, District West Champaran. 6.Sk. Quiyum Ansari, Son of Late Hafiz Mian, R/o Village Thathwa, P.S. Shikarpur, District West Champaran. 7.Chandi Prasad @ Santosh Kumar, Son of Shankar Prasad, R/o Village Belbania, P.S. Shikarpur, District West Champaran. 8.Ram Pravesh Patel, Son of Vindheyachal Patel, R/o Village Khamiya, P.S. Inarwa, District West Champaran. 9.Vipin Kumar, Son of Baidnath Prasad, R/o Village Pirari, P.S. Inarwa, District West Champaran. 10.Ramakant Prasad, Son of Late Rajgir @ Rajbir Sah, R/o Village Pirari, P.S. Inarwa, District West Champaran. 11.Jawahir Mahto, Son of Late Badri Mahto @ Badri Sah, R/o Village Pirari, P.S. Inarwa, District West Champaran. 12.Yunus Mian, Son of Mahmood Mian, R/o Village Pirari, P.S. Inarwa, District West Champaran. 13.Ajay Ray, Son of Sharda Rai, R/o Village Barantpur, P.S. Nathigaria, District West Champaran. 14.Suresh Sah, Son of Late Jagarnath Sah, R/o Village Samuta, P.S. Sathi, District West Champaran. -------Petitioners Versus The State Of Bihar -----Opposite Party ---------------- With Criminal Miscellaneous No.42851 o”

1. Umesh Sah, Son of Bhola Sah, R/o Village Tarharwa Bairiya, P.S. Shikarpur, District West Champaran. 2.Rahul Kumar Sahu @ Rahul Kumar Sah, Son of Ashok Prasad. 3.Ajay Kumar @ Ajay Prasad, Son of Jhagru Sah, Both R/o Village Kaithwaliya, P.S. Chanpatia, District West Champaran. -------Petitioners Versus The State Of Bihar -----Opposite Party ---------------- 02/- 16/01/2012 Since both the applications arising out of one case are taken up together and being disposed of by this composite order. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the seventeen petitioners are apprehending their arrest in connection with a case registered for the offence punishable under Sections 413, 414 and 34 of the Indian Penal Code, are named accused in this case. Submission is that under almost similarly situated circumstance remaining co-named accused persons have already been granted the privilege by a Bench of this Court vide orders dated 28.11.2011 & 30.11.2011 respectively passed in Cr. Misc. Nos. 39794/2011 & 40196/2011. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Inarwa P.S. Case No. 31 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. ( Akhilesh Chandra, J.) Praveen/-