Patna High CourtCR. MISC./10214/2018bail granted

Kailu Singh And ANR v. The State Of Bihar

2018-02-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10214 of 2018 Arising Out of PS. Case No.-30 Year-2017 Thana- JHAJHA District- Jamui ======================================================

1. Kailu Singh, S/o Late Dhananjay Singh, Resident of VillageDadpur, P.S.- Jhajha, District- Jamui.

2. Kallu Ram. S/o Late Kamal Ram, Resident of VillageMachhindra, P.S.- Jhajha, District- Jamui. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amar Prakash For the Opposite Party/s :

Mr. SMT. ANITA KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioners apprehend their arrest in Jhajha P.S. case no. 30/17 instituted for the offence under Section(s) 436/34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the informant is not eye witness to the occurrence. In the written report it is alleged that informant had not come in his shop on 12.2.17. The informant suspects that on the same day at 8 p.m. these petitioners have set fire in the shop. It is further submitted that the instant case has been filed by the informant due to dispute of money between the parties. There is no eye witness to the occurrence.

Patna High Court Cr.Misc. No.10214 of 2018(2) dt.23-02-2018 2/2 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 Jhajha P.S. case no. 30/17, 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 the S.D.J.M. Jamui, 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) shyambihari/- U T