Ajit Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16273 of 2018 Arising Out of PS.Case No. -86 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Ajit Kumar, son of Late Ramashish Sah
2. Manoj Kumar, son of Krishna Sah
3. Nawal Kishore @ Nawak Kishore Prasad Gupta @ Nawal Kishore Prasad Gupta, son of Kashi Sah
4. Kamal Kishore @ Kamal Kishore Prasad Gupta, son of Kashi Sah
5. Shivjee Sah, son of Late Ramcharitra Sah
6. Jitendra Kumar, son of Ramnath Sah
7. Ravindra Kumar, son of Late Maujelal Sah
8. Nawal Paswan, son of Late Naga Paswan
9. Manish Kumar, son of Lalbabu Sah
10. Rajkumar Sah, son of Late Vishwanath Sah
11. Jitendra Kumar, son of Achchelal Sah
12. Harendra Ram @ Harindra Ram, son of Late Vishnudeo Ram
13. Rajkumar Sah, son of Late Kashi Sah
14. Sanjit Kumar, son of Late Ramashish Sah
15. Suman Kumar, son of Madan Sah
16. Pramod Kumar @ Pramod Sah, son of Dudhnath Sah
17. Sri Narayan Sah @ Sri Narayan Prasad, son of Late Muneshwar Sah
18. Jay Lal Ram @ Jailal Ram, son of Rajaram Ram
19. Manoj Kumar Paswan, son of Ramanand Paswan
20. Pradeep Sah @ Pradeep Kumar, son of Kishori Sah
21. Ramesh Kumar, son of Kishori Sah All residents of village - Tetariya, P.S. Rajepur, District - East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate. For the Opposite Party/s : Mr. Mukeshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-03-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Rajepur P.S. Case No. 86 of 2016 instituted for the offence under Sections 143,
Patna High Court Cr.Misc. No.16273 of 2018 (2) dt.28-03-2018 2/3 144, 145, 147, 148, 149, 151, 152, 153A, 160, 295, 295A, 297, 298, 395, 341, 323, 504, 342 and 506 of the Indian Penal Code. From the First Information Report it appears that the petitioners are not named. The informant has alleged in the First Information Report that the persons named in other cases and the persons named in the instant case have committed loot in the shop of the informant.
In such circumstances, 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 Rajepur P.S. Case No. 86 of 2016, 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 Sub Divisional Judicial Magistrate, Sadar, East Champaran, Motihari, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners
Patna High Court Cr.Misc. No.16273 of 2018 (2) dt.28-03-2018 3/3 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.Ali/- U T