Anil Bishwas @ Anil Kumar Bishwas And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23044 of 2017 Arising Out of PS.Case No. -274 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================
1. Anil Bishwas @ Anil Kumar Bishwas, S/o Bhuwneshwar Prasad Bishwas @ Bhuwneshwar Bishwas,
2. Ranjeet Choudhary @ Ranjit Kumar Choudhary, S/o Mahesh Choudhary,
3. Mahesh Choudhary @ Mahesh Lal Choudhary, S/o Late Sab Lal Choudhary,
4. Babloo Choudhary, S/o Ratti Choudhary,
5. Santosh Choudhary, S/o Ratti Choudhary,
6. Pawan Kr. Mandal @ Chunna @ Chunna Kumar, S/o Raj Kumar Mandal, &
7. Pankaj Kumar @ Pankaj Kumar Mandal @ Munna, S/o Raj Kumar Mandal, all residents of village- Chakai, P.S. Jokihat, District Araria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 24-05-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Jokihat P.S. Case No.274 of 2016 instituted for the offence under Section(s) 147, 148, 149, 452, 341, 323, 307, 354-B, 380, 427, 436, 504, 506 Indian Penal Code and Section 27 of the Arms Act. It has been submitted that there is land dispute between the parties. There is no allegation of any specific overt act against the petitioners.
Patna High Court Cr.Misc. No.23044 of 2017 (2) dt.24-05-2017 2/3 From the written report, it appears that there is specific allegation against co-accused Mahesh Bishwas and Arbind Kuamr Bishwas of causing fire arm injury to the informant and Arjun Kumar respectively.
It is mentioned in para 3 that the petitioners have no criminal antecedents.
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 Jokihat P.S. Case No.274 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 ACJM, Araria, 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
Patna High Court Cr.Misc. No.23044 of 2017 (2) dt.24-05-2017 3/3 of bail of the petitioners.
(Sanjay Priya, J) JA/- U T