Chandrika Sah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15822 of 2018 Arising Out of PS.Case No. -146 Year- 2017 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Chandrika Sah, Son of Late Harishankar Sah,
2. Mukesh Sah, Son of Chandrika Sah,
3. Mahendra Sah, Son of Chandrika Sah,
4. Devendra Sah, Son of Late Satyanarayan Sah,
5. Yogi Sah, Son of Late Laxman Sah,
6. Pradeep Sah, Son of Yogi Sah,
7. Santosh Sah, Son of Yogi Sah,
8. Manoj Sah, Son of Yogi Sah,
9. Chhotelal Sah, Son of Late Laxman Sah,
10. Sanjay Sah @ Manjay Sah, Son of Chhotelal Sah,
11. Vijay Sah, Son of Chhotelal Sah,
12. Achhelal Sah, Son of Late Laxman Sah,
13. Ramchandra Sah, Son of Late Harihar Sah,
14. Brijesh Ram @ Brijesh Sah, Son of Ramchandra Sah, all residents of Village- Tirhutiya Tola, P.S.- Chanpatia, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-03-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Chanpatia P.S. Case No.146 of 2017 instituted for the offence under Section(s) 147, 149, 341, 323, 342, 308, 504, 506/34 Indian Penal Code. Counsel for the petitioners has submitted that injury found on the person of the informant is simple in nature. In the written report, there is allegation that all the
Patna High Court Cr.Misc. No.15822 of 2018 (2) dt.20-03-2018 2/3 fourteen named accused persons started assaulting the informant with lathi causing injury on his head.
Counsel for petitioners has further submitted that on 23.04.2017 while the accused party were sleeping, the prosecution party burnt their house including other articles causing great loss for which petitioner no.4 has lodged Chanpatia P.S. Case No.145 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 Chanpatia P.S. Case No.146 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 the Additional Chief Judicial Magistrate-V, West Champaran, at Bettiah, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail
Patna High Court Cr.Misc. No.15822 of 2018 (2) dt.20-03-2018 3/3 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