Kailash Jha And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.26706 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26706 of 2017 Arising Out of PS.Case No. -196 Year- 2016 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Kailash Jha, S/o Late Baldeo Jha,

2. Bijendra Prasad Singh, S/o Late Koko Singh,

3. Kusheshwar Prasad Singh, S/o Late Sadanand Singh.

4. Rajeev Kumar Singh, S/o Kusheshwar Prasad Singh, All are Resident of Village- Jotaili, P.S.- Bihariganj, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor for the State. The petitioners apprehend their arrest in Bihariganj P.S. Case No. 196 of 2016 instituted for the offence under Sections307, 379 & other minor sections of the Indian Penal Code. Counsel for the petitioners has submitted that petitioners have no criminal antecedent. There is general and omnibus allegation against both the petitioners.

From the written report, it appears that there is general and omnibus allegation against the petitioners and petitioners have got no criminal antecedent.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.26706 of 2017 (2) dt.06-07-2017 allowed and it is ordered that the petitioners, named above in the event of their arrest/surrender in the court below within six weeks from today shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each in connection with Bihariganj P.S. Case No. 196 of 2016 to the satisfaction of learned Judicial Magistrate-Ist Class, Udakishunganj, Madhepura subject to conditions as laid down u/S 438(2) of the 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) A.K.V./- U T