Babu Saheb Jha And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.36884 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36884 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Babu Saheb Jha, son of Late Yamuna Jha,

2. Ganesh Kumar Jha, son of Babu Saheb Jha, Both are resident of VillageMahuar, P.S.- Ghanshyampur, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Ghanshyampur P.S. Case No. 27 of 2017 instituted for the offence under Sections-379, 385, 386 & other minor Sections of the Indian Penal Code. It has been submitted that petitioner No. 1 and the informant are own brothers. The petitioner No. 2 is son of petitioner No. 1. There is land dispute between the both brothers. From the written report itself, it appears that petitioner No. 1 is in military service. From the written report, it appears that these petitioners made demand of rangdari of Rs. 2,50,000/- and the informant paid an amount of Rs. 50,000/-. From the written report, it appears that there is land dispute between the parties. In this manner, there is general and omnibus allegation against the petitioners.

Patna High Court Cr.Misc. No.36884 of 2017 (2) dt.10-08-2017 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event 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 in Ghanshyampur P.S. Case No. 27 of 2017 to the satisfaction of learned Judicial Magistrat-Ist Class, Darbhanga 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) 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) A.K.V./- U T