Banarasi Pal And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10402 of 2019 Arising Out of PS. Case No.-708 Year-2018 Thana- MOHANIYA District- Bhabhua (Kaimur) ======================================================

1. BANARASI PAL Son of Ram Kishun Pal, Resident of Village - Baghini, P.S.- Mohania, Distt.-Kaimur(Bhabua)

2. Kua Pal @ Chaturi Pal Son of Ram Kishun Pal, Resident of Village - Baghini, P.S.- Mohania

3. Raja Pal Son of Late Baldeo Pal, Resident of Village - Baghini, P.S.- Mohania ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Singh For the Opposite Party/s :

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Mohania P.S. Case No. 708 of 2018 registration no. 3043 of 2018 registered for offence punishable under sections 341, 323, 307, 379, 34 of the Indian Penal Code. Allegation has been made that the accused persons had gone to the place of informant and tried to commit theft by lifting the baby of sheep. When it was objected, Uddhav Pal assaulted the informant and the accused persons also assaulted the informant side.

The learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.10402 of 2019(2) dt.21-02-2019 2/2 the specific allegation has been made against Uddhav Pal and there is no specific allegation made against these petitioners. Looking to the facts and circumstances of the case, the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory 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, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 708 of 2018 registration Case No. 3043 of 2018, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence. The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Shivaji Pandey, J) mkchy/- U T