Mahendra Sao And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45747 of 2017 Arising Out of PS.Case No. -209 Year- 2017 Thana -CIVIL LINE District- GAYA ======================================================
1. Mahendra Sao, Son of Late Lakhan Sao,
2. Inder Sao, Son of Late Lakhan Sao,
3. Shrikant Sao, Son of Ramashish Saw,
4. Dilip Saw, Son of Ramkrit Saw,
5. Munna Saw, Son of Ramkrit Saw,
6. Sanjay Saw, Son of Ramkrit Saw,
7. Shambhu Kumar @ Subham Kumar, Son of Shrikant Sao,
8. Rohit Sao, Son of Indar Saw,
9. Shankar Sao, Son of Indar Saw,
10. Rahul Saw @ Rahul Kumar, Son of Indar Saw,
11. Subham Saw @ Subham Kumar, Son of Mahendra Saw,
12. Prakash Kumar @ Subham Kumar, Son of Sri Ram Shah,
13. Dev Shah @ Dev Saw, Son of Late Moto Shah,
14. Sharwan Shah @ Sharwan Kumar, Son of Late Moto Shah, All are R/o Village- Gewal Bigha, P.S.- Rampur, Dsitrict- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate. For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Civil Line P.S. Case No. 209 of 2017 instituted for the offence under Sections 147, 149, 341, 323, 337, 307 and 353 of the Indian Penal Code. As per written report, occurrence took place due to temple dispute and it is alleged that both groups pelted stones and assaulted each other with Hockey stick, lathi etc. The police force also sustained injury when they tried to pacify both the parties. The petitioners are
Patna High Court Cr.Misc. No.45747 of 2017 (2) dt.22-09-2017 2/2 named in the written report, but there is general and omnibus allegation against them.
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 Civil Line P.S. Case No. 209 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, Gaya, 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.