Siyaram Chauhan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15099 of 2018 Arising Out of P.S.Case No. -5 Year- 2018 Thana -SIMRI District- BUXAR ======================================================
1. Siyaram Chauhan, Son of Sri Mangaru Chauhan,
2. Dipak Chauhan, Son of Sri Siya Ram Chauhan, Both resident of Village- Simri Halba Patti, P.S.- Simri, District- Buxar. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Shree Kant Pandey, Advocate For the Opposite Party : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-04-2018 Heard.
The petitioners apprehend arrest in connection with Simri P.S .Case No.05 of 2018 registered for an offence under Section 307 and other allied sections of the IPC. It has been submitted that the petitioners and informant are agnates and on the date of occurrence scuffled took place between the parties for share of the land. The allegation as per written report is that altogether 15 FIR named accused assaulted the informant and his two nephews. The allegation of assault is omnibus and all the three injured sustained one injury each on their person which are simple in nature. There is also a counter case lodged by one of the accused Niwas Chauhan vide Simri P.S.Case No.06 of 2018.
Patna High Court Cr.Misc. No.15099 of 2018 (2) dt.06-04-2018 2/2 Learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six weeks from today 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 CJM, Buxar in connection with Simri P.S.Case No.05 of 2018, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U T