Patna High CourtCR. MISC./38959/2017bail granted

Lalbabu Sah And ANR v. The State Of Bihar

2017-09-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38959 of 2017 Arising Out of PS.Case No. -369 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Lalbabu Sah, son of late Mathura Sah,

2. Samsul Mian, son of Rajjak Mian, both resident of village-Khaira Tola, P.S.-Nautan, District-West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 08-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Nautan P.S. Case No.369 of 2016 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 353, 379, 384, 429, 504, 506 Indian Penal Code.

From the allegation, it appears that there is general and omnibus allegation against both these petitioners. There is allegation that the petitioners and other accused persons entered into the office of the informant, abused the informant and also made demand of rupees ten thousand and also started assaulting the informant with fists and slaps.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.38959 of 2017 (3) dt.08-09-2017 2/2 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 Nautan P.S. Case No.369 of 2016, 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 Additional Chief Judicial Magistrate, VI, Bettiah, West Champaran, 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.