Shiv Sao @ Shiv Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56925 of 2017 Arising Out of PS.Case No. -113 Year- 2014 Thana -HASPURA District- AURANGABAD ======================================================
1. Shiv Sao @ Shiv Kumar, Son of Sri Nand Lal Sao @ Nand Lal Sao Soni
2. Saroj Kumar, Son of Sri Chandradeo Sao Both residents of village + P.O. Usari Bazar (Usri), P.S. Mehandiya, District : Arwal (Bihar).
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-01-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Haspura P.S. Case No. 113 of 2017 instituted for the offence under Sections 457 and 380 of the Indian Penal Code. Learned counsel for the petitioners has submitted that they are neither named in the written report nor there is any recovery from their possession.
Learned Sessions Judge has mentioned in the impugned order that the name of these petitioners have come in the confessional statement of co-accused Sidhnath Soni before the police. It is also mentioned in the impugned order that alleged
Patna High Court Cr.Misc. No.56925 of 2017 (4) dt.19-01-2018 2/2 stolen articles have been recovered from the house of Sidhnath Soni.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Haspura P.S. Case No. 113 of 2014, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T