Bitu Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15173 of 2018 Arising Out of PS.Case No. -197 Year- 2017 Thana -ARWAL District- JEHANABAD ======================================================
1. Bitu Kumar, Son of Jawahar Prasad,
2. Monu Kumar, Son of Jawahar Prasad,
3. Pradeep Kumar, Son of Surendra Prasad, All are residents of Village- Purani Arwal, P.S.- Arwal, District- Arwal. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Saroj Kumar Sharma, Advocate. Mr. Kiran Kumar Sharma, Advocate.
For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Arwal P.S. Case No. 197 of 2017 instituted for the offence under Sections 147, 148, 149, 295(A), 153(A), 504, 506, 427, 558, 379 and 336 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that other co-accused persons with similar allegation has already been granted anticipatory bail by different coordinate Benches of this Court vide orders dated 01.02.2018, 13.12.2017, 11.01.2018 and 01.02.2018 passed in Cr. Misc. 63142 of 2017, 60160 of 2017, 1209 of 2018 and 6352 of 2018 respectively.
In the written report there is general and omnibus allegation against the petitioners that on the date of occurrence the
Patna High Court Cr.Misc. No.15173 of 2018 (2) dt.11-04-2018 2/2 members of particular community after forming unlawful assembly were making provocative slogan and entered into the house of Alimuddin Ansari after breaking the door and also damaged the holy book "Quran".
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Arwal P.S. Case No. 197 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 learned Chief Judicial Magistrate, Arwal, 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 bond 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) S.Ali/- U T