Daya Shankar Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7669 of 2018 Arising Out of PS.Case No. -118 Year- 2016 Thana -KOCHAS District- SASARAM (ROHTAS) ======================================================

1. Daya Shankar Sah

2. Sanjay Sah

3. Manoj Sah, All sons of Late Jamuna Sah, Resident of Village- Baruna, P.S. Kuchhila, District- Kaimur at Bhabua, at present Bihar Mill at Mohania, P.S. Mohania, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-03-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Kochas (Parsathua) P.S. Case No. 118 of 2016, G.R. No. 1822 of 2016 instituted for the offence under Sections 406, 419 and 420 of the Indian Penal Code.

In the written report it is alleged that when search was made with regard to Confiscation Case No. 03 of 2002 for paddy confiscated in the year 2002 from the house of Harinarayan Sah which was taken for trade without valid license by Gangu Sah, it was said to the informant that aforesaid paddy was given on the

Patna High Court Cr.Misc. No.7669 of 2018 (3) dt.21-03-2018 2/3 Zimmenama of this petitioner.

Learned counsel for the petitioners has enclosed the copy of order dated 11.04.2002 passed in Confiscation Case No. 3 of 2002 (Annexure-2) wherein it is clearly mentioned that the paddy after confiscation has been given on Zimmenama to Ranjan Kumar Sah.

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 Kochas (Parasthua) P.S. Case No. 118 of 2016, G.R. No. 1822 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 Additional Chief Judicial Magistrate-1st, Rohtas at Sasaram, 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.7669 of 2018 (3) dt.21-03-2018 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