Karu Sao And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60967 of 2017 Arising Out of PS. Case No.-52 Year-2017 Thana- KAJRA District- Lakhisarai ======================================================
1. Karu Sao, son of Lutan Sao,
2. Jhari Sao, Son of Lutan Sao.
3. Pappu Sao @ Pappu Kumar, Son of Lelhu Sao @ Prabhu Sao.
4. Mukesh Sao @ Mukku @ Mukesh Kumar, Son of Gongu Sao.
5. Diwakar Kumar, Son of Late Kesho Sao.
6. Vijay Sao , Son of Arjun Sao.
7. Pravin Kumar, S/o Kapil Sao.
8. Rajaram Sao, Son of Chandrashekhar Sao,
9. Vijay Sao, Son of Larchoi Sao @ Brihaspati Sao.
10. Ajit Sao @ Ajit Kumar, Son of Kapil Sao, All are residents of Village- Uren, P.S. Kajra, District- Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Singh For the Opposite Party/s :
Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Kajra P.S. Case No. 52 of 2017 instituted for the offence under Section(s) 147, 149, 341, 323, 307, 337, 338, 332, 353 and 504 of the Indian Penal Code.
Learned counsel for the petitioners submits that there is no specific allegation of overt act against these petitioners. In the written report, there is allegation that the police received secret information that one Sanjay Sao has been killed
Patna High Court Cr.Misc. No.60967 of 2017(3) dt.02-02-2018 2/3 in the village and police party reached at the place of occurrence and then 150 to 200 villagers including these petitioners stopped the police party from going near the dead body and also attacked the police party with Lathi and Danda causing injury to two of the police parties, namely, Anil Kumar Singh and Kamlesh Yadav.
Learned counsel for the petitioner submits that petitioners are close agates of Sanjay Sao due to which they have falsely been implicated in this case.
From the written report itself, it appears that there is general and omnibus allegation against these petitioners. 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 Kajra P.S. case no. 52 of 2017 and G.R. No. 926 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 the Chief Judicial Magistrate, Lakhisarai, 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
Patna High Court Cr.Misc. No.60967 of 2017(3) dt.02-02-2018 3/3 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) shyambihari/- U T