Chhathu Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59052 of 2017 Arising Out of PS.Case No. -147 Year- 2017 Thana -BARAULI District- GOPALGANJ ======================================================

1. Chhathu Sah, S/o Chilor Sah @ Bhilor Sah,

2. Basawan Sah S/o Chilore Sah @ Bhilor Sah,

3. Wakil Sahani S/o Late Bhagwat Sahani,

4. Brijkishore Sah @ Brij Kishore S/o Chhatu Sah, All 1 to 4 are R/o Vill.- Naya Tola Saddar, P.S.- Baruli, Distt.- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Prasad For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Barauli P.S. Case No. 147 of 2017 instituted for the offence under Sections-186, 307, 427 & other minor Sections of the Indian Penal Code. It has been submitted that there iss general and omnibus allegation against the petitioners that when police party arrived to remove the encroachment, then these petitioners along with 26 named and 35-40 unnamed persons arrived to cause obstruction to police party in discharging official duty.

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

Patna High Court Cr.Misc. No.59052 of 2017 (2) dt.12-12-2017 2/2 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Barauli P.S. Case No. 147 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Gopalganj 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