Kamlesh Kumar @ Kamlesh Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54354 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -ROHTAS District- SASARAM (ROHTAS) ======================================================
1. KAMLESH KUMAR @ KAMLESH SINGH, son of late Ram Badan Singh,
2. Amit Singh @ Amit Kumar, son of Vijay Singh,
3. Sujeet Kumar, son of Vijay Singh,
4. Savitri Kuwar, wife of late Ram Badan Singh,
5. Rajmuni Devi, wife of Vijay Singh, all resident of village-Padaria, P.S.Akjhor, District- Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-11-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Rohtas (Amjhor)P.S. Case No.13 of 2017 instituted for the offence under Section(s) 147, 148, 149, 353, 323, 224, 225 Indian Penal Code.
It is alleged in the written report that the police party apprehended two persons, namely, Shambhu Singh, and Vijay Singh with eight litres illicit Mahua liquor. They were taking those persons to police jeep after preparing seizure list. In the meantime, petitioners and other accused, as named in the written report, armed with weapons came and caused obstruction in
Patna High Court Cr.Misc. No.54354 of 2017 (2) dt.10-11-2017 2/3 discharge of official duty and got both the persons rescued from the custody of the Informant.
Counsel for the petitioners has submitted that petitioners have clean antecedents. There is general and omnibus allegation against them. The Informant himself allowed the arrested person to run away and just to save his skin has filed instant case.
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 Rohtas (Amjhor) P.S. Case No.13 of 2017, 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 Judicial Magistrate, Dehri, Rohtas, 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
Patna High Court Cr.Misc. No.54354 of 2017 (2) dt.10-11-2017 3/3 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