Santosh Ojha @ Chhathu Ojha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15045 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -BRAHMPUR District- BUXAR ======================================================
1. Santosh Ojha @ Chhathu Ojha, Son of Bed Bayash Ojha
2. Bed Bayash Ojha, Son of Late Shiv Pujan Ojha
3. Arjun Ojha, Son of Late Shiv Pujan Ojha
4. Ankit Ojha @ Ankit Kumar Ojha, Son of Santosh Ojha @ Chhathu Ojha All resident of Village - Deokuli, P.S. Brahmpur, Distt. - Buxar. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nikesh Kumar, Advocate. For the Opposite Party/s : Smt Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Brahmpur P.S. Case No. 51 of 2017 instituted for the offence under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code. It is alleged that petitioner No. 1 assaulted the informant on head with butt of the gun, petitioner No. 3 caught hold the informant and petitioner No. 4 started pressing the neck of the informant.
The injury report is annexed as Annexure-4 wherein the doctor has found all the injuries were simple in nature caused
Patna High Court Cr.Misc. No.15045 of 2017 (3) dt.25-04-2017 2/2 by hard and blunt substance.
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 Brahmpur P.S. Case No. 51 of 2017, 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 Chief Judicial Magistrate, Buxar, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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.