Raju Dahit And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.37033 of 2017 (3) dt.03-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37033 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -SAHODARA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Raju Dahit Son of Rati Dahit Resident of Village- Parsauni, Police Station- Sahodra, District- West Champaran.
2. Chotelal Sah Son of Late Bunilal Sah, Resident of Village- Morebelwa, Police Station- Gaunaha, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Adv. For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Sahodra Police Station Case No. 30 of 2017, disclosing offences under Sections 379/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, the petitioners have falsely been implicated in this case merely on the ground of suspicion. Nothing incriminating has been recovered from the possession of the petitioners. Moreover, coaccused, Vijay Jaiswal @ Vijy Kumar Jaiswal, Devnath Mahto
Patna High Court Cr.Misc. No.37033 of 2017 (3) dt.03-11-2017 @ Dev Patwan, Birendra Mahto, Suresh Ram, Govind Mahto @ Govind Prasad Mahto and Suresh Mistri @ Suresh Prasad Kushwaha, having more or less similar allegation, have also been granted anticipatory bail by this Court and other coordinate Benches of this Court in Cr. Misc. No. 40138 of 2017, Cr. Misc. No. 39264 of 2017 and Cr. Misc. No. 28592 of 2017, respectively. Hence, the petitioners deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on 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, Bettiah, West Champaran, in connection with Sahodra Police Station Case No. 30 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J.) brajesh/- U T