Omji Mishra And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2895 of 2018 Arising Out of PS.Case No. -562 Year- 2017 Thana -BUXAR District- BUXAR ======================================================

1. Omji Mishra, S/o Srikant Mishra, R/o Village- Shivpuri, P.S.- Buxar Town, District- Buxar.

2. Bara Ojha,

3. Chhotu Ojha @ Chhotey Ojha Both S/o Bharat Ojha, R/o Village- Shivpuri, P.S.- Buxar Town, DistrictBuxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Digvijay Kumar Ojha, Advocate. For the Opposite Party/s : Mr. Amrendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Buxar Town P.S. Case No. 562 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 342, 353 of the Indian Penal Code and Section 3 of Prevention of Damage to Public Property 1984.

In the written report there is allegation that 17 named and 250 unknown persons arrived at the place of occurrence after putting the dead body on the road and started burning tyres and raising slogan against the police.

Patna High Court Cr.Misc. No.2895 of 2018 (2) dt.17-01-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Buxar Town P.S. Case No. 562 of 2017, 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 learned Chief Judicial Magistrate, Buxar, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond 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) S.Ali/- U T