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Patna High CourtCR. MISC./16856/2018bail granted

Sheoji Sah And ORS v. The State Of Bihar

2018-03-29Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16856 of 2018 Arising Out of PS.Case No. -84 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sheoji Sah, son of Late Ramcharitra Sah,

2. Manish Kumar, son of Lalbabu Sah,

3. Ramesh Kumar, son of Kishori Sah,

4. Shambhu Prasad Chaurasiya, son of Late Banaras Bhagat,

5. Nawal Kishore @ Nawal Kishore Prasad Gupta, son of Kashi Sah,

6. Kamal Kishore @ Kamal Kishore Prasad Gupta, son of Kashi Sah,

7. Ramashankar Sah, son of Kishori Sah,

8. Jitendra Kumar, son of Ramnath Sah @ Ramnath Prasad,

9. Ravindra Kumar, son of Late Maujelal Sah,

10. Jitendra Kumar, son of Achchelal Sah,

11. Rajkumar Sah, son of Late Vishwanath Sah,

12. Sanjit Kumar, son of Late Ramashish Sah,

13. Pramod Kumar, son of Dudnath Sah,

14. Sri Narayan Sah, son of Late Muneshwar Sah @ Late Bhuneshwar Sah,

15. Ajeet Kumar, son of Late Ramashish Sah,

16. Raj Kumar Sah, son of Kashi Sah,

17. Manoj Kumar Paswan, son of Ramanand Paswan,

18. Manoj Kumar, son of Krishna Sah,

19. Shambhu Mahto, son of Yogi Mahto,

20. Pradeep Sah @ Pradeep Kumar, son of Kishori Sah,

21. Jailal Ram @ Jiyalal Ram, son of Rajaram Ram,

22. Nawal Paswan @ Nawal Kishore Paswan, son of Late Naga Paswan

23. Harendra Ram, son of Late Bishundeo Ram,

24. Suman Kumar, son of Madan Sah, all residents of village - Tetariya, P.S. Rajepur, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-03-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Rajepur P.S. Case No.84 of 2016 instituted for the offence under Section(s)

Patna High Court Cr.Misc. No.16856 of 2018 (2) dt.29-03-2018 2/3 143, 144, 145, 147, 148, 149, 151, 152, 153A, 160, 295, 295-A, 297, 298, 395, 341, 323, 504, 342 Indian Penal Code. Counsel for the petitioners has submitted that petitioners are not named in the First Information Report. Their names have come in the supervision note of Dy. Superintendent of Police.

In the written report, there is allegation that on the date of occurrence unknown miscreants came to his Poultry Farm and looted away 300 cocks from the Poultry Farm and damaged Poultry Farm.

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 Rajepur P.S. Case No.84 of 2016, 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 the SubDivisional Judicial Magistrate, Sadar, East Champaran, Motihari, 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

Patna High Court Cr.Misc. No.16856 of 2018 (2) dt.29-03-2018 3/3 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 bonds 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