Ganesh Sah @ Ganesh Kumar Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34306 of 2017 Arising Out of PS.Case No. -115 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ======================================================

1. Ganesh Sah @ Ganesh Kumar Sah

2. Mahesh Sah @ Mahesh Kumar S/o Late Luxmi Sah, both are the r/v Balughat Road, P.S. Sultangunj, Distt. Bhagalpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in connection with Sultangunj P.S. Case No. 115 of 2017 instituted for the offence under Section 354 (B) of the Indian Penal Code. As per written report, there is specific allegation against co-accused Shankar Sah. There is no specific overt act against the petitioners rather there is general and omnibus allegation against them.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each in

Patna High Court Cr.Misc. No.34306 of 2017 (2) dt.21-07-2017 2/2 connection with Sultangunj P.S. Case No. 115 of 2017 to the satisfaction of learned A.C.J.M. 1st, Bhagalpur subject to condition as laid down under Section 438(2) of the Cr.P.C. with further conditions (i) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (ii) petitioners shall co-operate 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 petitioner and (iii) 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 petitioner.

(Sanjay Priya, J) sushma/- U