Arbind Bind And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12856 of 2018 Arising Out of PS. Case No.-22 Year-2016 Thana- JAHANABAD District- Jehanabad ======================================================
1. Arbind Bind, S/o Late Bachhu Bind,
2. Rakesh Bind @ Rakesh Prasad @ Bind, S/o Late Shiv Lakhan Bind @ Budhdeo Bind, Both Resident of Village- Issebigha, P.O.- Isebigha, P.S.- Jehanabad (Karauna O.P.), DistrictJehanabad. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar For the Opposite Party/s :
Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-04-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Jehanabad P.S. case no. 22 of 2016 instituted for the offence under Section(s) 341, 323, 324, 302 and 504/34 of the Indian Penal Code. Petitioners are named in the F.I.R. There is general and omnibus allegation against these petitioners. Police after investigation found the case not true against these petitioners and submitted final form. The police has submitted charge sheet against the other accused persons as named in the charge sheet.
Patna High Court Cr.Misc. No.12856 of 2018(3) dt.10-04-2018 2/3 It is further submitted that one of the co-accused, namely, Rustam Kumar @ Rustam Bind has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 09.12.2016 passed in Cr. Misc. no. 32776 of 2016 (Annexure-3).
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 Jehanabad P. S. case no. 22 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 the learned C.J.M., Jehanabad, 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
Patna High Court Cr.Misc. No.12856 of 2018(3) dt.10-04-2018 3/3 the petitioners.
(Sanjay Priya, J) shyambihari/- U T