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Patna High CourtCR. MISC./18498/2017bail granted

Chandan Pandey And ORS v. The State Of Bihar

2017-05-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18498 of 2017 Arising Out of PS.Case No. -259 Year- 2016 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Chandan Pandey, son of Surendra Pandey.

2. Santosh Pandey, son of Dineshwar Pandey.

3. Uday Pal, son of Rajnath Pal,

4. Binod Sah, son of Shiv Kumar Sah.

5. Rabindra Ram, son of Dwarika Ram,

6. Prayag Ram, son of Bigan Ram.

7. Dipak Singh @ Dipal Kumar Singh, son of Baban Singh.

8. Mantu Kumar @ Mantu Lohar @ Mintu Kumar @ Mintu Lohar, son of Rajendra Lohar,

9. Jitendra Dubey, son of Jokhan Dubey.

10. Rajesh Pandey, son of Raghunath Pandey.

11. Jokhan Pal, Son of Ramkuwar Pal, all are resident of VillageSonahar, P.S.- Sheosagar, Dist.- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-05-2017 Heard learned counsel for the Petitioners and the State.

The Petitioners apprehend their arrest in Sheosagar P.S. Case No.259 of 2016 instituted for the offence under Section(s) 147, 148, 149, 153-A, 295, 295-A, 505-C, 427, 353 Indian Penal Code.

From the written report, it appears that there is general and omnibus allegation against the petitioners. It has been submitted that other co-accused with similar allegation have been granted anticipatory bail by a co-

Patna High Court Cr.Misc. No.18498 of 2017 (2) dt.18-05-2017 2/2 ordinate Bench of this Court by order dated 18.03.2017 passed in Cr. Misc. No.6644 of 2017.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sheosagar P.S. Case No.259 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, 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) JA/- U T