Laxmi Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48551 of 2017 Arising Out of PS.Case No. -135 Year- 2017 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Laxmi Singh, Son of Late Engrasan Singh @ Inderashan Singh

2. Amren Singh @ Amrendra Singh, Son of Laxmi Singh.

3. Nitesh Singh Son of Laxmi Singh, All resident of Village- Mushahari Champa pur, P.S. Ramgarhwa, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakil Ahmad Khan For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Ramgarhwa P.S. Case No. 135 of 2017 instituted for the offence under Sections-307, 379, 427/34 & other minor Sections of the Indian Penal Code. It has been submitted that there is case and counter case between the parties. Both parties are Gotiyas. Petitioners have been implicated in the case due to previous land dispute. Prior to filing of this case, Counter case has been filed by the petitioner against the informant and others bearing Ramgarhwa P.S. Case No. 130 of 2017. In the written report, there is no specific allegation as to who assaulted whom.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event

Patna High Court Cr.Misc. No.48551 of 2017 (3) dt.06-11-2017 of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Ramgarhwa P.S. Case No. 135 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, at Motihari, East Champaran subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner 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) A.K.V./- U T