Pradeep Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7485 of 2019 Arising Out of PS. Case No.-333 Year-2018 Thana- RAMNAGAR District- West Champaran ======================================================
1. PRADEEP SAH s/o. Late Vishwanath Sah
2. Rajdesh Kumar @ Rajesh Sah ,s/o. Late Vishwanath Sah
3. Rohit Kumar @ Rohit Sah, s/o. Pradeep Sah
4. Sita Devi @ Sarita Devi w/o. Pradeep Sah All Resident of Village - Jogia,P.S. Ram Nagar, Dist. West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baxi S.R.P.Sinha, Sr.Advocate Mr. Vijay Kumar Singh No. 1,Adv For the State :
Mr.Bhanu Pratap Singh For the Informant : Mr. Wasi Akhtar, Mr. Md. Aslam Ansari, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 447, 448, 354(B), 379, 504, 427 and 34 IPC registered in connection with Ram Nagar P.S. Case No. 333/2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of petty dispute and there is case and counter case between the parties. The accusation of assault is general and omnibus without any specific assault attributed individually. Injuries resulting from the assault alleged against the petitioners are simple in nature. The petitioners claim clean antecedents.
4. Learned APP assisted by learned counsel for the informant appearing suo motu oppose the anticipatory bail petition.
5. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be
Patna High Court Cr.Misc. No.7485 of 2019(3) dt.13-02-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned SDJM, Bagaha, District West Champaran, in connection with Ram Nagar P.S. Case No. 333/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioner nos. 1, 2 and 3 shall remain physically present and petitioner no. 4 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
Chandran/- (Vikash Jain, J) U T