Suresh Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34419 of 2018 Arising Out of PS.Case No. -76 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Suresh Sahani, son of Ramchandra Sahani,
2. Jitendra Sahani, son of Ramchandra Sahani, Both residents of Village- Gheghwa, P.S.- Madhuban, District- East Champaran.
3. Ratnesh Kumar, son of Tarachandra Prasad Gupta,
4. Rahul Jha @ Sumit Kumar, son of Manoj Kumar Jha,
5. Nand Kishore Paswan, son of Naresh Paswan, All residents of Village- Tetariya, P.S. Rajepur, District- East Champaran.
6. Yogi Sahani, son of Bhado Sahani, resident of Village- Kothiya, P.S.- Madhuban, District- East Champaran.
7. Rajesh Kumar, son of Shyam Kishore Gupta, resident of VillageRaghunathpur, P.S.- Mushari, District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate. For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Rajepur P.S. Case No. 76 of 2016 instituted for the offence under Sections 143, 144, 145, 147, 148, 149, 151, 152, 153A, 160, 295, 295A, 297, 298, 395, 341, 323, 504, 342 and 506 of the Indian Penal Code. Learned counsel for the petitioners has submitted that petitioners are not named in the written report. Their names have come during investigation in the supervision notes of the Police. It has further been submitted that other co-accused persons have been granted
Patna High Court Cr.Misc. No.34419 of 2018 (2) dt.20-06-2018 2/2 anticipatory bail by a coordinate Bench of this Court vide order dated 10.04.2018 passed in Cr. Misc. 16211 of 2018. 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 Rajepur P.S. Case No. 76 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 learned Sub Divisional Judicial Magistrate, Sadar, East Champaran, Motihari, 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