Shankar Mehta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48347 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -NARARI KALA KHURD DistrictAURANGABAD ======================================================

1. Shankar Mehta,

2. Vijay Mehta,

3. Raj Kumar Mehta All sons of Ramchandar Mehta, All resident of Village- Mahuari, P.S.- Narari Kala Khurd DistrictAurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the State : Mr. Panchanand Pandit,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Narari Kala Khurad P.S. Case No. 25 of 2017 instituted for the offence under Sections 504, 379 and 384/34 of the Indian Penal Code. It has been submitted that all these petitioners are own brothers. They have no criminal antecedents. There is general and omnibus allegation that they made demand of Rangdari from the informant. It has further been submitted that the instant case has been filed on account of land dispute between the parties. There is delay of six days in filing the First Information Report.

Patna High Court Cr.Misc. No.48347 of 2017 (2) dt.31-10-2017 2/2 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 Narari Kala Khurad P.S. Case No. 25 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, Aurangabad, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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.