Jitendra Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39029 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -JADIA District- SUPAUL ======================================================

1. Jitendra Sah S/o Dukhi Lal Sah

2. Rahul Sah S/o Kameshwar Sah

3. Damodar Sah S/o Bineshwar Sah

4. Arun Sah S/o Damodar Sah All Resident of Village Jadia, Police Station Jadia, District Supaul.

....... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad,Advocate For the Opposite Party/s : Mr. T.P.Mandal, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Jadia PS Case No. 34 of 2015, disclosing offences under Sections 147, 148, 149, 341, 323, 354, 324, 326, 307, 506 and 504 of the Indian Penal Code.

Keeping in view the nature of allegation and the submission made on behalf of the petitioners that there is countercase also alleging injuries caused on the petitioners' side, as also the fact that the petitioners have no criminal antecedent, this application is allowed.

Patna High Court Cr.Misc. No.39029 of 2015 (2) dt.28-09-2015 2/2 Let the petitioners above named, in the event of their arrest or surrender before the Court below within six weeks from today, be released 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 Sub Divisional Judicial Magistrate, Supaul in Jadia PS Case No. 34 of 2015, subject to the conditions as laid down under Section 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, 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.

This is subject to further condition that in case the petitioners are found indulging in commission of similar kind of offence, prosecution shall be at liberty to approach this Court for cancellation of their bail bonds.

(Chakradhari Sharan Singh, J) mrl U T