Manoj Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45737 of 2016 Arising Out of PS.Case No. -328 Year- 2012 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Manoj Das son of Ram Bilash Das

2. Pintu Das @ Pintu Kumar Das S/o Ram Bilash Das

3. Pinki Devi D/o Ram Bilash Das

4. Rinki Devi wife of Prakash Das

5. Manju Devi @ Ranjo Devi W/o Manoj Das All are residents of Mohalla- Chandani Chok, Nand Lalpur, P.S.- Kahalgaon, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Manoj Kumar For the Opposite Party/s : Mr. Sri Ram Sumiran Roykj, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in connection with Kahalgaon P.S.Case No. 328 of 2012, registered for offences punishable under Sections 341, 323, 307, 380, 504, 506 and some other allied sections of the Indian Penal Code and 3/ 4 of the Explosive Substances Act.

It has been submitted on behalf of the petitioners that though the petitioners are named in the first information report but no specific allegation has been attributed against them and so far allegation of explosion of bomb is concerned, it has been alleged

Patna High Court Cr.Misc. No.45737 of 2016 (3) dt.25-01-2017 2/3 against another accused i.e. against co-accused Ram Bilas Das. Apart from that, there is a case and counter case and injury sustained by both the sides.

Heard learned APP also.

The learned APP has opposed the prayer for grant of anticipatory bail to the petitioners.

Having heard learned counsel for both sides and on consideration of the fact that there is a case and counter case and injury sustained by both the sides and further that no specific allegation has been attributed against the petitioners, let the petitioners named above, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.25,000/-(Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon P.S.Case No. 328 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with further following conditions: One of the bailors of each petitioner should be a local person having sufficient immovable properties within the jurisdiction of the court concerned and further they will co-operate

Patna High Court Cr.Misc. No.45737 of 2016 (3) dt.25-01-2017 3/3 in the investigation of the case and make themselves available before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled and they will not take any step to tamper with the evidence of the case.

(Vinod Kumar Sinha, J) Tahir/- U T