Tutu Lal Bhaiya And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45730 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -VISHNUPAD District- GAYA ======================================================
1. Tutu Lal Bhaiya, son of late Bhola Lal Bhaiya,
2. Sonu Lal Bhaiya @ Bhodu, @ Bhondu Lal Bhaiya, son of Vishnu Lal Bhaiya,
3. Vishnu Lal Bhaiya, son of late Radhey Krishna Bhaiya,
4. Prashant Lal Bhaiya @ Prashant Bhaiya, son of Sanjay Lal Bhaiya,
5. Sanjay Lal Bhaiya, son of late Chhote Lal Bhaiya,
6. Tuntun Lal Bhaiya, son of Vishnu Lal Bhaiya,
7. Bachu Lal Bhaiya, son of late Radhey Krishna Bhaiya, R/o MohallaKarsilli, P.S.- Vishnupad, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP Mr. Mrigendra Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 03-10-2017 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the Informant. Petitioners apprehend their arrest in Vishnupad P.S. Case No.95 of 2017 instituted for the offence under Section(s) 341, 323, 307, 504, 506/34 Indian Penal Code. It has been submitted on behalf of the petitioners that there is general and omnibus allegation against these petitioners. There is specific allegation against Chugal Lal Bhaiya of causing fire arm injury to the Informant. Counsel for the Informant has appeared and submitted that these petitioners have criminal antecedents. Counsel for the petitioners has submitted that the
Patna High Court Cr.Misc. No.45730 of 2017 (2) dt.03-10-2017 2/2 Informant is also a habitual offender and accused in number of cases as mentioned in para 6 of the petition. 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 Vishnupad P.S. Case No.95 of 2017, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the 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.