Manoj Sahu And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33973 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -VIJAYPUR District- GOPALGANJ ======================================================
1. Manoj Sahu,
2. Shiv Sahu @ Shivji Sahu, both son of late Ram Naresh Sahu, r/o village-Nona Pakar, P.S.-Vijaypur, District-Gopalganj, &
3. Bhola Sahu @ Bhola Sah, son of late Rajender Sahu, r/o village-Nona Pakar, P.S.-Vijaypur, District- Gopalganj.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikash Kumar Pankaj, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-07-2017 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in Vijaypur P.S. Case No.179 of 2016 instituted for the offence under Section(s) 341, 323, 447, 448, 354-A, 354-B, 379, 504, 506/34 Indian Penal Code.
It has been submitted on behalf of the petitioners that the instant case is counter blast of Gram Kachahari Case No.02 of 2016 and in the instant case there is allegation against the petitioners that they attempted to outrage the modesty of the informant and took away the Shisham log on the tractor. It has further been submitted that co-accused with similar allegation has been granted anticipatory bail by a coordinate Bench of this Court by order dated 13.07.2017 passed in Cr. Misc. No.31312 of 2017
Patna High Court Cr.Misc. No.33973 of 2017 (2) dt.20-07-2017 2/2 There is mention in para 3 that the petitioners have clean antecedents.
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 Vijaypur P.S. Case No.179 of 2016, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, IV, Gopalganj, 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) JA/- U T